On March 21, 2019, U.S. Magistrate Judge Staci G. Cornelius in the Northern District of Alabama reduced a FCRA plaintiff’s $3 million punitive damages award to less than $500,000. The court held that the multi-million dollar...more
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...more
FCRA’s statute of limitations can sometimes provide defendants with a cut-and-dry grounds for dismissal early in case, but not always. The Eastern District of Michigan recently denied a motion to dismiss based on the statute...more
Are medical records discoverable in FCRA cases? Like most legal questions, it depends. The Northern District of California recently grappled with this issue in the case of Prado v. Equifax Information Services LLC, No....more
A recent case in the District of New Jersey provides a good reminder to be mindful of exclusions to mandatory arbitration provisions. In Webster v. OneMain Financial, Inc., No. CV 18-2711 (JBS/AMD), 2018 WL 6322617 (D.N.J....more
The Northern District of California recently considered a case where a plaintiff alleged that her employer’s FCRA disclosure both had too much information and too little. Soman v. Alameda Health Sys., No. 17-CV-06076-JD, 2018...more
Consumers filed fewer FCRA complaints in September 2018 than they did in August, according to the Association of Credit and Collection Professionals, Oregon, citing a report from WebRecon. FCRA filings declined 21.7% percent...more
The Southern District of Ohio recently came out with another opinion in favor of arbitration provisions. In Fox v. Transunion, 2018 U.S. Dist. LEXIS 183937 (S.D. Ohio Oct. 26, 2018), the plaintiff filed suit alleging that a...more
The Eastern District of Wisconsin recently confirmed that the permissible purpose for obtaining a consumer credit report under FCRA is broad. In Long v. Bergstrom Victory Lane, 2018 U.S. Dist. LEXIS 171750 (E. D. Wisc....more
The Eastern District of Pennsylvania recently denied a motion for summary judgment in a FCRA case, paving the way for the dispute to proceed to trial. In Chiarello v. Trans Union, LLC, No. 2:17-cv-00513-AB, 2018 WL 4698846...more
The Central District of California just issued a summary judgment ruling in case regarding how clear and conspicuous a FCRA disclosure form and authorization must be. In Luna v. Hansen & Adkins Auto Transp., Inc., 313 F....more