Whose Claim is it Anyway?

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 […]

Mark Your Calendars: New FCRA Summary of Rights Notice Requirements Go into Effect Tomorrow, September 21, 2018

  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 […]

Uncheck that Box

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), […]

The Tassel is Worth the Hassle: Putative Class Action Dismissed after Court Finds that Accurately Reported College Enrollment Dates and Degree-Conferral Status Are Not Adverse Information

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 […]

When Technicalities Are (and are not) Associated with Concrete Harm: The Spokeo Analysis as Applied in Long v. SEPTA, 2018 WL 4290046 (3rd Cir. 2018).

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 […]