News & Analysis as of

Attorney's Fees Damages Fair Credit Reporting Act (FCRA)

Orrick, Herrington & Sutcliffe LLP

Eighth Circuit vacates FDCPA judgement, finding statutorily-required letter does not confer standing

On August 13, the U.S. Court of Appeals for the 8th Circuit reversed a lower court’s ruling that awarded damages and attorneys’ fees to a consumer who received a debt collection letter after requesting no further contact. The...more

Troutman Pepper Locke

In the Ninth Circuit Precision is Required in an Offer of Judgment

Troutman Pepper Locke on

A U.S. District Court in the Southern District of California recently held that a Federal Rule of Civil Procedure 68 offer of judgment must clearly state that attorneys’ fees and costs are limited or waived, as Arvest Central...more

Womble Bond Dickinson

Damages are no slam dunk in FCRAland

Womble Bond Dickinson on

As basketball season arrives, the United States District Court for the Eastern District of Kentucky reminded us that there is no such thing as a slam dunk when it comes to damages awarded pursuant to a violation of the FCRA....more

Womble Bond Dickinson

Damage Control: Understanding Defendants’ Potential Exposure Under the Fair Credit Reporting Act

Womble Bond Dickinson on

Depending on the statutory violation, the Fair Credit Reporting Act (FCRA) allows plaintiffs to recover a wide array of damages and exposes defendants to significant liability. Seemingly minor violations of the Act may result...more

Carlton Fields

Court Refuses To Reconsider Arbitrator’s Factual Determinations

Carlton Fields on

In a case emphasizing the deference courts give to factual findings of arbitrators, a magistrate judge in the Eastern District of New York has confirmed an arbitration award granting damages and attorneys’ fees to a company...more

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