Bryan Fratkin

McGuireWoods LLP

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First Circuit Deepens Circuit Split On Fairness Of Class Settlements

On December 16, 2022, the U.S. Court of Appeals for the First Circuit made two important findings in a class-action settlement case. First, the Court vacated the district court’s settlement approval finding that the...more

12/28/2022 / Appeals , Class Action , Class Members , Corporate Counsel , Settlement , Settlement Negotiations

Third Circuit Decision Provides Post-Transunion Guidance on Informational Injuries and Ascertainability

In Kelly v. RealPage, Inc., the Third Circuit held that a small subclass of consumers could proceed on their class action against RealPage based on the company’s failure to provide them with required third-party information...more

9/22/2022 / Class Action , Consumer Reporting Agencies , Corporate Counsel , Credit Reports , Fair Credit Reporting Act (FCRA) , TransUnion LLC v Ramirez

Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach

On Jan. 29, 2019, the 9th U.S. Circuit Court of Appeals, in a strikingly broad decision, raised the bar for employers’ compliance with the Fair Credit Reporting Act (FCRA). In Gilberg v. California Check Cashing Stores, LLC,...more

2/4/2019 / Background Checks , Class Action , Corporate Counsel , Disclosure Requirements , Employer Liability Issues , Employment Application , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Job Applicants

Seventh Circuit Allies With FCRA Class Action Plaintiffs on Spokeo Grounds.

On August 29, the Seventh Circuit reentered the multi-front fray that has broken out among lower courts in the wake of the Supreme Court’s 2016 decision in Spokeo v Robins, 136 S. Ct. 1540 (2016). ...more

9/26/2018 / Article III , Background Checks , Corporate Counsel , Employer Liability Issues , Fair Credit Reporting Act (FCRA) , Hiring & Firing , Injury-in-Fact , Screening Procedures , Spokeo v Robins , Standing

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