Often, when faced with litigation, it can be difficult to assess potential exposure for defendants. While actual damages may be easy to calculate, treble damages, attorneys’ fee awards, and punitive damages significantly complicate the risk analysis associated with litigation depending on the claims asserted. Unfortunately, the Fair Credit […]
On Friday, Magistrate Judge David R. Strawbridge of the Eastern District of Pennsylvania granted motions for Final Approval of Class Action Settlement and Award of Attorneys’ Fees and Reimbursement of Expenses in Kelly v. Business Information Group, Inc. (“BIG”), 2019 WL 414915 (E.D. Penn. Feb. 1, 2019). Plaintiff Michael […]
Could there be a split brewing with regard to standing to pursue FCRA claims against potential employers for violating the stand-alone disclosure requirement contained in 15 U.S.C. § 1681(b)(2)(A)(i)? Maybe. Section 1681(b)(2)(A)(i) states as follows: “Except as provided in subparagraph (B), a person may not procure a consumer report, […]
On January 29, 2019, a unanimous three-judge panel of the Ninth Circuit ruled that an employer violated FCRA by providing a background check disclosure form that included information regarding state laws closely related to FCRA. Gilberg v. California Check Cashing Stores, LLC, No. 17-16263, 2019 WL 347027 (9th […]
In 2017, Equifax, one of the three major credit reporting agencies, revealed a breach that could have compromised the data of 143 million consumers. This data breach led to a multitude of lawsuits against Equifax, including lawsuits by both consumers and investors. A class of consumers sued Equifax […]
By Shane Micheil Effective January 1, 2019, the Bureau of Consumer Financial Protection raised the maximum amount a Consumer Reporting Agency is allowed to charge a consumer for a copy of their consumer file disclosure under the FCRA to $12.50 a pop. You can see the final rule […]
In recent months, we have seen a large uptick in FCRA class actions. If you’re a regular reader here at FCRALand, you may recall the Stanford class action filed in October 2018, the PetCo class settlement in November 2018, and the Delta Airlines proposed settlement earlier this month. […]
Ponder v. Ocwen Loan Serv., LLC, 2018 WL 4474635 (N.D. Ga. July 30, 2018) is a reminder to furnishers of information to consumer reporting agencies to conduct a reasonable investigation of any reported errors the first time they learn of a dispute. Under the facts of the case, […]
