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A decision by the Southern District of Iowa in Smith v. Mutual of Omaha Insurance Company has provided some hope for those seeking ways to defend against Fair Credit Reporting Act (FCRA) class action claims. The plaintiff in the case claimed he did not obtain a…
The Ninth Circuit Court of Appeals recently weighed in on a Fair Credit Reporting Act (FCRA) case in which the plaintiff sued a consumer reporting agency (CRA) for issuing a tenant screening background check report on him that contained his criminal history, claiming…
The Eleventh Circuit recently dismissed putative class action suit Hunt v. JP Morgan Chase Bank, Nat’l Ass’n, holding that the bank had not violated its duties as a furnisher of consumer information when it reported that a customer’s account was past due even though a…
The Ninth Circuit Court of Appeals recently granted a dismissal for lack of standing in Mitchell v. Winco Foods. The Fair Credit Reporting Act (FCRA) case was dismissed when the Ninth Circuit agreed that Mitchell failed to establish the requisite standing because she…
Companies are increasingly faced with class actions for alleged violations of the Fair Credit Reporting Act (FCRA). FCRA claims related to background checks have grown since last year. Most companies perform background checks on employees as part of the employment…
Plaintiff Deloris Reid disclosed that she had been convicted of a misdemeanor assault a year before applying with grocery retailer Kroger. She filed a putative class action suit in the Southern District of Ohio under the Fair Credit Reporting Act (FCRA) after General…
An Ohio plaintiff’s claim under the Fair Credit Reporting Act (FCRA) was thrown away because he couldn’t show that the report caused him an injury or that the background screening company failed to maintain reasonable procedures to ensure accuracy. Thomas Black filed…
A putative Fair Credit Reporting Act (FCRA) class action, filed Feb. 13 in the Ninth Judicial Circuit Court in Orange County, Fla., has been removed by Naples Hotel Group LLC. The lawsuit alleges that Naples “improperly obtained and used consumer reports about…
California’s Assembly Bill 1859 (AB 1859) aims to impose substantial new security obligations on consumer credit reporting agencies and companies that contract with such agencies. Under the new law, agencies and their contractors would be “required to expediently…
In Lewis v. Southwest Airlines, the plaintiff asserted classwide and “willful” violations of the Fair Credit Reporting Act’s disclosure requirement and corresponding violations of California’s fair credit reporting act. The court reasoned that…