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BCLP

Eleventh Circuit Weeds Out Plaintiffs Who “Manufacture” Article III Standing With Self-Inflicted Harm

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On July 18, 2025, the Eleventh Circuit rejected the notion that plaintiffs can “manufacture” Article III standing by identifying “self-inflicted harm” such as “expenditure of money and wasted time to correct an otherwise...more

Ballard Spahr LLP

Third Circuit Uses ‘Reasonable Reader’ Standard to Determine Credit Reports Were Not Inaccurate or Misleading Under FCRA

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The U.S. Court of Appeals for the Third Circuit has ruled that in determining whether a credit report is accurate or misleading under the Fair Credit Reporting Act’s “maximum possible accuracy” requirement, a district court...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

Cadwalader, Wickersham & Taft LLP

Sending a Message: The CFPB's Charges Against TransUnion

For months, Director Rohit Chopra warned that the Consumer Financial Protection Bureau (the “Bureau”) would sharpen its focus on repeat offenders. On April 12, 2022, the Bureau demonstrated its resolve, announcing charges...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

Hudson Cook, LLP

FCRA Year in Review: Key FCRA Appellate Decisions

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[co-author: David Anthony] In 2020, the appellate courts had numerous opportunities to weigh in on many unanswered questions that remain in litigation after over 50 years since the statute was first enacted. The case law...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

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

Womble Bond Dickinson

Eleventh Circuit Reverses Summary Judgment in Favor of Experian in FCRA Claim

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The Eleventh Circuit Court of Appeals recently reversed summary judgment entered in favor of Experian Information Solutions, Inc. (“Experian”) in a Fair Credit Reporting Act claim brought by Henry Losch (“Losch”) finding not...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

Littler

Ninth Circuit Rules Only Named Plaintiff Must Have Article III Standing For Class Certification

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In Ramirez v. Trans Union, the Ninth Circuit addressed whether, at the class certification stage of a putative class case, only the named plaintiff or all class members must have Article III standing (i.e., a concrete injury...more

Mayer Brown

Fourth Circuit Issues Mixed-Bag Decision On Punitive Damages In FCRA Cases

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Inevitably, when conscientious judges delve into the multi-dimensional issue of excessive punitive damages, they get some things right and other things wrong. Such is the case with the Fourth Circuit’s recent decision in...more

Goodwin

Eleventh Circuit Affirms Dismissal in FCRA Class Action

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Last week, the Eleventh Circuit affirmed the Northern District of Georgia’s dismissal of a putative Fair Credit Reporting Act (FCRA) case against Equifax and Transunion. In Pedro v. Equifax, Inc., plaintiff sought to...more

Littler

Ninth Circuit Revisits Article III Standing For An Alleged FCRA Violation

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On August 15, 2017, the U.S. Court of Appeals for the Ninth Circuit issued another opinion in the saga of Robins v. Spokeo, Inc.—a case dealing with the question of what violations of a federal statute are sufficient to...more

Littler

FTC Releases Updated FCRA Guidance On Background Checks

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On May 10, 2016, the Federal Trade Commission (FTC) released a new publication related to background checks and the Fair Credit Reporting Act (FCRA) titled What Employment Background Screening Companies Need to Know About the...more

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