Welcome to the second annual installment of Seyfarth Shaw’s Commercial Litigation Outlook. Our nationally recognized team provides keen insights about what to expect in 2022. In short, it will be a busy year that will call...more
3/15/2022
/ Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
FinTech
The United States Supreme Court has again granted a petition to examine standing in the context of class actions, specifically whether Article III of the Constitution permits members of a certified class to recover money...more
Synopsis: Last month, the Ninth Circuit issued an opinion, affirming broad Article III standing and holding that, for permissible-purpose claims, a consumer-plaintiff need allege only that his/her credit report was obtained...more
11/20/2019
/ Article III ,
Consumer Reporting Agencies ,
Credit Reports ,
Criminal Background Checks ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
Financial Institutions ,
Injury-in-Fact ,
Liability ,
Motion to Dismiss ,
Regulatory Violations ,
Risk Management ,
Spokeo v Robins ,
Standing ,
Third-Party
The Fair Credit Reporting Act (“FCRA”) bars consumer reporting agencies from reporting civil suits, civil judgments, records of arrest, and other “adverse items” more than seven years after they occur. In a recent decision in...more
On January 8, 2019, Judge Grasz, writing for an Eighth Circuit panel, reiterated the need for district courts to determine Article III standing before approving class settlements....more
Seyfarth Synopsis: As part of an evolving trend of narrowly interpreting the FCRA’s “standalone” disclosure and “clear and conspicuous” disclosure requirements, the Ninth Circuit has held that users of consumer reports may...more
On January 10, 2018, the U.S. District Court for the Eastern District of Virginia denied Plaintiff Tiffanie Branch’s renewed motion for class certification in Branch v. Government Employees Insurance Company, No....more
3/16/2018
/ Article III ,
Class Certification ,
Criminal Background Checks ,
Fair Credit Reporting Act (FCRA) ,
FRCP 23(b)(3) ,
GEICO ,
Hiring & Firing ,
Predominance Requirement ,
Putative Class Actions ,
Regulatory Violations ,
Standing
Seyfarth Synopsis: In Spokeo, Inc. v. Robins, the U.S. Supreme Court held that a plaintiff must have a concrete injury to sue for FCRA violations. Following Spokeo’s remand, courts have held that consumers have standing to...more
10/24/2017
/ Article III ,
Background Checks ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Injury-in-Fact ,
SCOTUS ,
Screening Procedures ,
Spokeo v Robins ,
Standing