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Fair Credit Reporting Act (FCRA) › Federal Arbitration Act › Arbitration Agreements

McGlinchey Stafford

Fifth Circuit Clarifies Arbitration Waiver Requires Same Claim

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In Barnett v. American Express National Bank, 24-CA-60391 (5th Cir. 7/29/2025), the U.S. Fifth Circuit reaffirmed that a waiver of the right to arbitrate by “substantially invoking the judicial process” requires a showing...more

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

Orrick, Herrington & Sutcliffe LLP on

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

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

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

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

Womble Bond Dickinson

All Aboard the Arbitration Train: Court Denies Discovery and Enforces Arbitration Provision

Womble Bond Dickinson on

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

Fenwick & West LLP

Fenwick Employment Brief

Fenwick & West LLP on

Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

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