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Class Action Corporate Counsel Fair Credit Reporting Act (FCRA)

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Shipkevich PLLC

July 2025 Consumer Litigation Trends: TCPA Class Actions Remain Elevated as Consumer Litigation and Complaints Rise

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WebRecon’s latest July 2025 report shows that, after a temporary slowdown in June, consumer litigation and complaint activity have bounced back significantly. Telephone Consumer Protection Act (TCPA), Fair Debt Collection...more

Fisher Phillips

A California Unicorn: Court Issues Favorable Background Check Ruling for Employer in Class Action

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Employers in California are frequently faced with class action lawsuits brought by current or former employees. Oftentimes, these actions are brought for alleged wage and hour violations, but we’ve seen an uptick in suits...more

McGuireWoods LLP

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

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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

Jackson Lewis P.C.

Class Action Trends Report June 2022

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In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more

Troutman Pepper Locke

Key Takeaways From the New Onslaught of FCRA Filings

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Following an unprecedented year, lawsuits under the Fair Credit Reporting Act continue to be filed with ever-increasing frequency and consequence. Originally published in Law360 on January 28, 2022. ...more

Alston & Bird

Class Action & MDL Roundup – Summer 2021

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Welcome to the summer edition of the Class Action & MDL Roundup, covering significant decisions and settlements from the second quarter of 2021. In this edition, plaintiffs are doing their own science (badly), SCOTUS...more

BCLP

District Court Says Supreme Court Ruling on Standing in Class Actions Does Not Apply to Privacy Claims

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On June 25, 2021, the Supreme Court issued an important decision on Article III standing in class actions that will have a significant impact on the way class actions are certified - and will likely scuttle numerous ...more

Fisher Phillips

June 2021: The Top 19 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Blank Rome LLP

How SCOTUS Clarified the Spokeo Standard of “Concrete” Harm Necessary to Establish Article III Standing, and What It Means for the...

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On June 25, 2021, the United States Supreme Court issued its decision in TransUnion LLC v. Ramirez, No. 20-297, 2021 WL 2599472 (U.S. June 25, 2021) (“TransUnion”), providing much needed clarity regarding the type of...more

Mintz - Privacy & Cybersecurity Viewpoints

The U.S. Supreme Court Raises the Bar on Standing in Privacy and Data Breach Class Actions

On Friday, a sharply divided U.S. Supreme Court issued a ruling, which significantly impacts the plaintiffs’ ability to pursue privacy and data breach class actions in federal courts. In TransUnion LLC v. Ramirez, Case No....more

Husch Blackwell LLP

Supreme Court Paves The Way For More State Court Class Actions About Federal Statutes

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In reemphasizing the “concrete harm” requirement for Article III standing, the Supreme Court may have raised the hurdle to federal court but exposed defendants to more state court suits...more

Hinshaw & Culbertson - Consumer Crossroads

In Significant Check on Federal Consumer Class Actions, U.S. Supreme Court Holds "No Harm, No Foul"

On Friday, June 25, 2021, the U.S. Supreme Court, in a 5-4 decision, reversed and remanded TransUnion LLC v. Ramirez back to the Ninth Circuit. Justice Kavanaugh delivered the opinion of the Court and he was joined by...more

Seyfarth Shaw LLP

U.S. Supreme Court Holds That Class Members Who Suffer No Concrete Harm From Statutory Violations Do Not Have Article III Standing...

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Seyfarth Synopsis: On June 25, 2021, the U.S. Supreme Court reversed the Court of Appeals for the Ninth Circuit in TransUnion LLC v. Ramirez, No. 20-297 (U.S. June 25, 2021). The Supreme Court held that the vast majority of...more

Bilzin Sumberg

With Supreme Court Privacy Case Pending, Silicon Valley Weighs In

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On March 30, the Supreme Court of the United States will hear oral arguments in TransUnion LLC v. Ramirez. This case marks the first time the Court will address the residual question in Spokeo, Inc. v. Robins — what about...more

Patterson Belknap Webb & Tyler LLP

Supreme Court to Address Article III Standing Requirements of Absent Class Members

In a significant case for class action litigants, the Supreme Court is expected to resolve a circuit split over the standing requirements applicable to absent class members, and weigh in on the circumstances – if any – under...more

Seyfarth Shaw LLP

U. S. Supreme Court to Consider Article III Standing for Absent Class Members in Review of Ninth Circuit Decision

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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

Ballard Spahr LLP

SCOTUS agrees to review FCRA class action judgment where most class members suffered no actual injury

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The Supreme Court has granted certiorari to review a $40 million class action trial judgment for statutory and punitive damages under the Fair Credit Reporting Act, and its forthcoming decision later this Term will likely be...more

Seyfarth Shaw LLP

Ninth Circuit Holds That Background Check Disclosures Should Not Contain Any Extraneous Information

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Seyfarth Synopsis: On March 20, 2020, the Ninth Circuit Court of Appeals held the Fair Credit Reporting Act’s (“FCRA”) standalone disclosure requirement does not allow for the inclusion of any extraneous information in an...more

ArentFox Schiff

Study Shows Marked Increase in FCRA Cases, Downward Trend in Consumer Protection Litigation Overall

ArentFox Schiff on

The report uncovered a 100% increase in the number of lawsuits brought under the Fair Credit Reporting Act over the past ten years and revealed decreases in Truth-In-Lending Act cases. The report’s data, which represents...more

Seyfarth Shaw LLP

EEOC Consent Decree Over Criminal History Background Checks Serves as a Reminder to Employers to Take a Fresh Look at Their...

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Seyfarth Synopsis: After six years of litigation, on November 18, 2019, the Equal Employment Opportunity Commission (EEOC) announced a multimillion-dollar settlement with a national employer, which resolved litigation that...more

Littler

Dollar General Reaches Settlement with the EEOC in Years-Long Background Check Bias Suit

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Employers should continue to exercise caution and care in drafting their criminal record screening policies.  A recent settlement by Dollar General underscores this point, even though it comes on the heels of the Fifth...more

Akin Gump Strauss Hauer & Feld LLP

Critical Considerations for Compliance with the FCRA

These days, companies conducting background checks on job applicants have a lot to think about. Most companies are aware of the Fair Credit Reporting Act (FCRA) and FCRA’s various state analogs. FCRA, one of a number of...more

Littler

Ruling Raises Important Considerations for Independent Contractor Background Screening

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A federal court’s recent decision demonstrates the value in reviewing all documents related to the independent contractor background screening process to attempt to solidify potential defenses to expansive class-action...more

Littler

Employer Prevails In FCRA Class Action In California

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On April 15, 2019, a California Court of Appeal affirmed summary judgment for the employer in an action alleging class-wide violations of the hyper-technical provisions of the federal Fair Credit Reporting Act (FCRA)....more

McGuireWoods LLP

Hyper-Technical Interpretation: 9th Circuit Increases FCRA Reach

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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

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