FCRA Case Ruling Clarifies “Clear and Conspicuous” Disclosures and Willfulness

Written By ESR News Blog Editor Thomas Ahearn In August of 2021, the United States District Court for the District of Oregon ruled in the case of Walker v. Fred Meyer, Inc. that alleged violations of the federal Fair Credit Reporting Act (FCRA) that regulates background checks for employment purposes and held that the defendant’s …

Continue reading "FCRA Case Ruling Clarifies “Clear and Conspicuous” Disclosures and Willfulness"

FTC Approves Changes to Five FCRA Rules that Apply to Motor Vehicle Dealers

Written By ESR News Blog Editor Thomas Ahearn On September 8, 2021, the Federal Trade Commission (FTC) approved largely technical changes in separate notices published in the Federal Register that would clarify that five Fair Credit Reporting Act (FCRA) rules enforced by the FTC apply only to motor vehicle dealers, according to a press release …

Continue reading "FTC Approves Changes to Five FCRA Rules that Apply to Motor Vehicle Dealers"

U.S. Court of Appeals Reverses District Court Ruling in FCRA Lawsuit

Written By ESR News Blog Editor Thomas Ahearn On September 13, 2021, the United States Court of Appeals for the Sixth Circuit reversed a district court’s ruling for the defendant in a lawsuit filed for alleged violations of the federal Fair Credit Reporting Act (FCRA) and held that a “reasonable jury” could find the defendant …

Continue reading "U.S. Court of Appeals Reverses District Court Ruling in FCRA Lawsuit"

Supreme Court Ruling in FCRA Lawsuit Applied to FDCPA Debt Collection Case

Written By ESR News Blog Editor Thomas Ahearn In a sign that courts may begin to apply the Supreme Court of the United States (SCOTUS) ruling in the case of TransUnion LLC v. Ramirez to federal statutes beyond the Fair Credit Reporting Act (FCRA), the decision by SCOTUS on Article III standing in TransUnion was …

Continue reading "Supreme Court Ruling in FCRA Lawsuit Applied to FDCPA Debt Collection Case"

Cannabis Company Settles FCRA Class Action Lawsuit After Class Certification

Written By ESR News Blog Editor Thomas Ahearn On August 13, 2021, the United States District Court, Middle District of Florida certified an “Adverse Action Class” in the class action lawsuit LYTTLE v. TRULIEVE, INC. that claimed a cannabis company took adverse action against employees and applicants based on background checks in a way that …

Continue reading "Cannabis Company Settles FCRA Class Action Lawsuit After Class Certification"

Uber and Lyft Face Lawsuit for Alleged Violations of the Fair Credit Reporting Act

Written By ESR News Blog Editor Thomas Ahearn On August 27, 2021, a complaint was filed in the Eastern District of New York against Uber and Lyft – two popular transportation network companies (TNCs) – as well as a Consumer Reporting Agency (CRA) used by both TNCs for alleged violations of the federal Fair Credit …

Continue reading "Uber and Lyft Face Lawsuit for Alleged Violations of the Fair Credit Reporting Act"

FCRA Lawsuit Filings Down in July 2021 but Increased Year to Date from 2020

Written By ESR News Blog Editor Thomas Ahearn Statistics tracked by WebRecon LLC revealed consumer ligation filed under the Fair Credit Reporting Act (FCRA) decreased by 13.3 percent in July 2021, although FCRA filings year-to-date (YTD) from January through July 2021 increased by 6.5 percent compared to January through July 2020, according to WebRecon’s July …

Continue reading "FCRA Lawsuit Filings Down in July 2021 but Increased Year to Date from 2020"

Federal Court Rules FCRA Does Not Preempt Claim Brought Under State Law

Written By ESR News Blog Editor Thomas Ahearn On August 11, 2021, the United States District Court, Eastern District of Missouri ruled in the case of PUDIC v. DEPARTMENT STORES NATIONAL BANK on whether the federal Fair Credit Reporting Act (FCRA) preempted a claim under the Missouri Merchandising Practices Act (MMPA) arising from inaccurate reporting …

Continue reading "Federal Court Rules FCRA Does Not Preempt Claim Brought Under State Law"

U.S. Supreme Court Rules “Concrete Harm” Needed to Sue for FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn On June 25, 2021, the Supreme Court of the United States (SCOTUS) ruled in the case of TransUnion LLC v. Ramirez that a plaintiff must suffer a “concrete harm” resulting from a defendant’s statutory violation of federal law such as the Fair Credit Reporting Act (FCRA) to …

Continue reading "U.S. Supreme Court Rules “Concrete Harm” Needed to Sue for FCRA Violations"

Court Finds “Emotional Harm” Satisfies Article III Standing in FCRA Lawsuit

Written By ESR News Blog Editor Thomas Ahearn In May 2021, a federal court found the “emotional harm” suffered by the Plaintiff in MAGRUDER v. CAPITAL ONE, NAT’L ASS’N due to inaccurate information on his credit report was “barely enough” to establish standing under Article III of the U.S. Constitution in a lawsuit claiming violations …

Continue reading "Court Finds “Emotional Harm” Satisfies Article III Standing in FCRA Lawsuit"