FCRA Consumer Litigation Increased Nearly Ten Percent from 2016 to 2017

Written By ESR News Blog Editor Thomas Ahearn

Consumer litigation filed under the Fair Credit Reporting Act (FCRA) – a federal law ensuring accuracy, fairness, and privacy of consumer information – increased 9.9 percent from 2016 to 2017, with FCRA filings increasing from 3,954 in 2016 to 4,346 in 2017, according to statistics provided by WebRecon LLC.

Although FCRA filings declined 14.3 percent from 349 in November to 299 in December, WebRecon LLC reports FCRA filings “have fluctuated since 2001 before increasing steadily starting in 2011.” Here are statistics for 2011-2017 from https://webrecon.com/webrecon-stats-for-dec-2017-year-in-review/:

  • 4,346 FCRA Filings in 2017
  • 3,954 FCRA Filings in 2016
  • 3,807 FCRA Filings in 2015
  • 2,501 FCRA Filings in 2014
  • 3,376 FCRA Filings in 2013
  • 2,237 FCRA Filings in 2012
  • 1,938 FCRA Filings in 2011

Enacted by Congress in 1970, the FCRA (15 U.S.C. § 1681) promotes the accuracy, fairness, and privacy of consumer information contained in the files of Consumer Reporting Agencies (CRAs) and is intended to protect consumers from the willful and/or negligent inclusion of inaccurate information in reports.

The fact employers are targeted in FCRA lawsuits even after the U.S. Supreme Court ruled plaintiffs must prove “concrete injury” for alleged “bare” violations of the FCRA is one of the “ESR Top Ten Background Check Trends” selected by global background check firm Employment Screening Resources® (ESR).

In January 2018, ESR News reported the Supreme Court denied a petition for a writ of certiorari that sought a review of the Court’s ruling in Spokeo, Inc. v. Robins that found a mere “technical” violation of the FCRA does not constitute an “injury-in-fact” as required under Article III of the U.S. Constitution.

ESR Whitepapers on FCRA Lawsuits

Employment Screening Resources® (ESR) offers two complimentary whitepapers – “Common Ways Prospective or Current Employees Sue Employers Under the FCRA” and “Common Ways Consumer Reporting Agencies are Sued Under the FCRA” – to help employers avoid FCRA class action lawsuits.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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