Earlier this month, a class representative for employees and prospective employees at Delta Airlines reached a proposed settlement with Delta. The settlement is awaiting court approval, but provides helpful context of the issues involved in high-stakes FCRA litigation. The case, Schofield v. Delta Air Lines, Inc., N.D. Cal. […]
When Robbie Robertson wrote the well-known lyrics to The Band’s song “The Weight,” the “Fannie” referenced in the chorus was certainly not Fannie Mae (the Federal National Mortgage Association.) However, this week the United States Court of Appeals for the Ninth Circuit followed the song’s suggestion and took […]
This week we got another big FCRA decision in Sanders v. Global Radar Acquisition. In Sanders, the plaintiffs filed a putative class action claiming that the Defendants failed “to obtain certification prior to furnishing a consumer report for employment purposes in violation of 15 U.S.C. § 1681b(b)(1)(A).” The Plaintiffs […]
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 In an unpublished opinion, it compelled arbitration of a FCRA claim against a Credit One, Bank, N.A., even after Credit One […]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 […]
