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 […]
Here at FCRAland, we frequently discuss cases applying the Supreme Court’s 2016 case Spokeo v. Robbins. That case specified that, for a plaintiff to have standing under FCRA, the plaintiff would need to allege an injury that is concrete (rather than a “bare procedural violation”). The import of […]
When discussing FCRA, we often concentrate our focus on certain individuals and entities trying to enforce the statute: the CFPB (or BCFP), FTC, class action firms, and individual plaintiffs. Nonetheless, a recent settlement demonstrates the importance of yet another actor—state agencies. In In the Matter of Encore Capital […]
