by Chad Ewing Who is the real holder of a FCRA claim brought by a Chapter 7 debtor? That’s the question that confronted the Eastern District of Wisconsin recently in Kitchner v. Fiergola, 2018 WL 4473359 (E.D. Wis. Sept. 18, 2018). Under the facts of Kitchner, Plaintiff, Megan […]
The Central District of California just issued a summary judgment ruling in case regarding how clear and conspicuous a FCRA disclosure form and authorization must be. In Luna v. Hansen & Adkins Auto Transp., Inc., 313 F. Supp. 3d 1151 (C.D. Cal. 2018), a job applicant brought a […]
Things are changing in FCRAland. The Economic Growth, Regulatory Relief, and Consumer Protection Act (“Act”) (full text here) has added a new section the Fair Credit Reporting Act (“FCRA”), section 605A(i), which goes into effect tomorrow, September 21, 2018. Among other things, section 605A(i) requires nationwide consumer reporting […]
The expansiveness of FCRA has long been used by plaintiffs as a sword against consumer reporting agencies, furnishers of consumer information, and users of consumer information. Here, a company successfully used FCRA as a shield. In a recent opinion, the Fifth Circuit ruled on the permissibility of broad […]
By Arthur A. Ebbs Comcast has a policy in its Chicago region that permits a prospective customer to make a $50 deposit for internet service in lieu of a requirement to submit to a credit check. In Santangelo v. Comcast Corporation, 2018 WL 4404679 (N.D. Ill. Sept. 17, 2018), […]
Well this is going to be fun. Not so long ago I converted a simple WordPress blog into a living breathing community of TCPA nerds and telecom wonks–forging a platform for true TCPA thought leadership and education in the process. A place that made it easy for subscribers […]
15 U.S.C. 1681c of the Fair Credit Reporting Act (“FCRA”) governs the requirements for information contained in consumer reports. Section 1681c(a) provides that there are six categories of information that are generally precluded from reporting unless they fall under an exception described in section 1681c(b). The six categories […]
In the latest application of the Supreme Court’s 2016 Spokeo decision, the Third Circuit analyzed two alleged technical violations of FCRA and reached different conclusions with respect to the plaintiffs’ right to bring claims. After conducting a fact-intensive inquiry into the specific allegations made by prospective employees, the […]
