Last week, the Fourth Circuit reaffirmed the critical importance of a strong arbitration agreement, finding that a “delegation clause” required arbitration of the “gateway” issue of arbitrability. In an unpublished opinion, it compelled arbitration of a FCRA claim against a Credit One, Bank, N.A., even after Credit One […]
Arbitration can be a powerful tool to resolve lawsuits, including FCRA claims. In Kolman v. Gen’l Motors Financial Corp., 2019 WL 6620888 (Dec. 18, 2018), the plaintiff filed FCRA claims against GM Financial and Trans Union. Under the facts of the case, the plaintiff claimed that he leased […]
Are medical records discoverable in FCRA cases? Like most legal questions, it depends. The Northern District of California recently grappled with this issue in the case of Prado v. Equifax Information Services LLC, No. 18-CV-02405-PJH (LB), 2019 WL 88140 (N.D. Cal. Jan. 3, 2019). In that case, the […]
Yesterday, a federal court ruled that it did not have subject matter jurisdiction to decide a FCRA-related case. Specifically, the court ruled that the plaintiff did not allege sufficient facts for him to have standing under Spokeo. While such rulings often represent victories for defendants, here it was […]
The District Court for the Northern District of New York handed down an unusual decision yesterday. The district court found that it had federal question jurisdiction even though the Plaintiff only asserted one claim in his Complaint: a violation of a state statute. The decision provides a good […]
A recent case from the Northern District of California, Alvarado v Lowe’s Home Centers, LLC, 2018 WL 6697181 (N.D. CA. Dec. 20, 2018), highlights the importance of drafting employment arbitration agreement language to specifically include FCRA claims. In Alvarado, the Plaintiff was employed by the Defendant between June 2015 […]
FCRA includes a provision for recovery of attorneys fees, but as the defendant in Perri v. Diversified Adjustment Serv. learned, proving bad faith or harassment is not easy. 2018 U.S. Dist. LEXIS 213612 (D. Az. Dec. 19, 2018). FCRA states at 15 U.S.C. § 1681n(c): (c) Attorney’s fees. […]
Schuh v. American Express Bank, FSB, 2018 WL 3751467 (S.D. Fla. May 3, 2018), provides a good example of the interplay between the FCRA’s requirement that consumer reporting agencies (“CRAs”) following reasonable procedures to ensure maximum possible accuracy of information and court orders which may impact the validity […]
