News & Analysis as of

Fair Credit Reporting Act (FCRA) Arbitration Agreements

Saul Ewing LLP

Eleventh Circuit Rules Consumer Must Arbitrate FCRA Suit Following Clickwrap Agreement

Saul Ewing LLP on

How can a company ensure that its clickwrap agreements for services are worth more than just the pixels they’re displayed on? In a recent ruling from the U.S. Court of Appeals for the Eleventh Circuit, the answer may be as...more

Orrick, Herrington & Sutcliffe LLP

Eleventh Circuit reverses “clickwrap” case in favor of credit agency

On July 3, the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s denial of a motion to compel arbitration, ordering that a dispute between an individual and a credit reporting company...more

Troutman Pepper Locke

Recent Developments in California's Arbitration Landscape — FCRA Focus Podcast

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Join host Dave Gettings and guest Elizabeth Holt Andrews in this episode of FCRA Focus as they delve into the complexities of arbitration in California, a frequent battleground for FCRA cases. Elizabeth, an appellate attorney...more

McGlinchey Stafford

Litigation Byte (November Edition)

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A recent opinion from a federal court in North Carolina emphasizes how difficult it is to succeed on a motion to dismiss a lawsuit arising under the FCRA. Rejecting a challenge to a plaintiff’s standing and the timeliness of...more

McGlinchey Stafford

Litigation Byte (October Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 4th Circuit Holds Rental Applicant Lacks Standing...more

McGlinchey Stafford

Litigation Byte (September Edition)

McGlinchey Stafford on

Court Finds Mass Arbitration Bellwether and Delegation Provisions Unconscionable - The district court for the Northern District of California recently denied a defendant’s motion to compel arbitration and, in so ruling,...more

McGlinchey Stafford

Litigation Byte (June Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Carlton Fields

Third Circuit Affirms Order Denying Motion to Compel Arbitration After AAA Declines to Administer Arbitration

Carlton Fields on

The Third Circuit Court of Appeals has affirmed a district court decision denying defendant MicroBilt Corp.’s motion to compel arbitration, finding the plaintiff had fully complied with all provisions of her arbitration...more

Carlton Fields

Arbitration Provision Treated as Standalone Contract for Purposes of Determining Parties Capable of Compelling Arbitration

Carlton Fields on

The Ninth Circuit Court of Appeals reversed a district court decision and compelled arbitration based on its determination that one of the litigants, Experian, was a party to the arbitration provision, despite the fact that...more

Jackson Lewis P.C.

Class Action Trends Report June 2022

Jackson Lewis P.C. on

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

Womble Bond Dickinson

Eastern District of North Carolina Declines to Find FCRA Claim is Time-Barred

Womble Bond Dickinson on

The United States District Court for the Eastern District of North Carolina recently provided a good reminder of the applicable standards for both a Rule 12(b)(6) motions based on a statute of limitations defense and motion...more

Kilpatrick

Eleventh Circuit: arbitration clause broad enough to be “related to” post-termination dispute, but is it too broad to be...

Kilpatrick on

Takeaway: Parties seeking to compel arbitration often rely on the rule that where an arbitration agreement contains broad language, any ambiguity about whether a claim must be arbitrated should be resolved in favor of...more

Troutman Pepper Locke

Compelling Arbitration: The Eleventh Circuit Court of Appeals Reverses and Remands a District Court Holding Denying Defendant’s...

Troutman Pepper Locke on

In Hearn v. Comcast Cable Communications, LLC, the Eleventh Circuit Court of Appeals reversed a district court holding denying the defendant’s motion to compel arbitration regarding the plaintiff’s Fair Credit Reporting Act...more

Womble Bond Dickinson

Eleventh Circuit Holds Subsequent FCRA Claim Subject to Arbitration Provision Under Terminated Subscriber Agreement

Womble Bond Dickinson on

In Hearn v. Comcast Cable Communications, LLC, the Eleventh Circuit Court of Appeals held that a FCRA claim arising nearly a year after the termination of a subscriber agreement was subject to the arbitration provision...more

Troutman Pepper Locke

Declaration by Credit Card Company Regarding Vendor’s Mailing of Card Agreement Insufficient to Enforce Arbitration Provision...

Troutman Pepper Locke on

A recent decision by the U.S. District Court for the District of Columbia underscores the significance of issues of proof when trying to enforce arbitration agreements. The case is Proctor v. First Premier Corp., No....more

Womble Bond Dickinson

Court Grants Motion to Compel Arbitration of Claims of Non-Signatory to Contract

Womble Bond Dickinson on

In Shelton v. Comcast Corp., No. 20-1763, 2021 U.S. Dist. LEXIS 10790 (E.D. Pa. Jan. 21, 2021), the U.S. District Court for the Eastern District of Pennsylvania granted Comcast’s motion to compel arbitration under the terms...more

Womble Bond Dickinson

D.C. District Court Denies Motion To Compel Arbitration Of FCRA Claim Due to Insufficient Declaration

Womble Bond Dickinson on

On January 13, 2021, the U.S. District Court for the District of Columbia denied a motion to compel arbitration filed by First Premier Corp. (“First Premier”) in a Fair Credit Reporting Act case, on the grounds that First...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 27, 2020

Carlton Fields on

Financial Services Update - TCPA / Existence of Arbitration Agreement / Browsewrap Agreement: Consumer was not bound to arbitration provision and class action waiver in browsewrap agreement where there was no evidence of...more

Proskauer - Advertising Law

Ninth Circuit Credits Arbitration Clause and Class Action Waiver in Experian Advertising Suit

In a putative class action concerning Experian’s marketing of its “Experian Credit Score” service, the Ninth Circuit recently affirmed a lower court order granting Experian’s motion to compel arbitration based on an...more

Arnall Golden Gregory LLP

Top 10 Issues Affecting Employers in 2020

Workforce Issues to Focus On in 2020 - The start of a new year is always a good time for a business to take stock of past practices and future actions, including around workforce compliance issues. ...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 31, 2020

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Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

Carlton Fields

Court Concludes That Bankruptcy Discharge Does Not Affect Arbitration Clause

Carlton Fields on

The Eastern District of Pennsylvania recently granted a creditor’s request to compel arbitration over a plaintiff’s argument that the arbitration agreement he had signed was void as a result of a bankruptcy court discharging...more

Constangy, Brooks, Smith & Prophete, LLP

California Employers, Are You Ready To Be "Schooled"?

As Labor Day and "back to school" beckon, what new laws and trends are we seeing in California? Here are my picks: NATURAL HAIR MUST BE ALLOWED. A new California statute says natural hair styles must be allowed. So take a...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 19, 2019

Carlton Fields on

Real Property Update - • Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

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