While most Fair Credit Reporting Act (FCRA) lawsuits proceed in federal court, plaintiffs are permitted to file in state court. A class action was recently filed in state court in Los Angeles, where the judge did not decide on any issues of liability, but rather that…
Posts by Category: Fair Credit Reporting Act
Plaintiffs Don’t Stand Tall in Texas FCRA Class Action
In light of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016) and Dyson v. Sky Chefs, Inc., 2017 WL 2618946 (N.D. Tex. June 16, 2017), it would be wise for employers to evaluate their Fair Credit Reporting Act (FCRA) compliance. Businesses…
Federal District Court Upholds Employer to its Promise in FCRA ‘Pre-Adverse Action’ Notice
It was determined by the U.S. District Court for the Eastern District of Wisconsin that an employer potentially violated the Fair Credit Reporting Act (FCRA) when it provided the employee with three days to dispute information contained in the background report rather…
Spokeo and Standing: Fourth Circuit Applies Spokeo and Reverses Nearly $12 Million FCRA Action Judgement
In May, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Dreher v. Experian Information Solutions, Inc., reversing and dismissing a nearly $12 million award in a Fair Credit Reporting Act (FCRA) class action. After applying the U.S. Supreme…
Philadelphia Law Firm Gets Record $60 Million Verdict in CA FCRA Class Action
The highest jury verdict in the history of the Fair Credit Reporting Act was reached when the law firms of Francis & Mailman, P.C., Philadelphia, and Anderson, Ogilvie & Brewer, LLC, San Francisco, successfully obtained $60,055,800 in statutory and punitive…
Five Guys Burgers Faces Employment Class Action Lawsuit
Plaintiff Jeremy R. Lusk has filed a class action lawsuit against Five Guys Burgers. The former employee claims the company violated the Fair Credit Reporting Act (FCRA) and California labor law when it conducted background checks on employees without properly…
FTC Issues ‘Advice’ on Background Check Disclosure and Authorization Forms
The Fair Credit Reporting Act’s (FCRA) hyper-technical disclosure and authorization requirements are competing with compliance of criminal background check laws as a source of litigation risk for employers. The Federal Trade Commission (FTC) recently released the…
Fourth Circuit Vacates $12M FCRA Class Action Judgment Against Experian
The Fourth Circuit Court of Appeals recently vacated a $12 million judgment against Experian Information Solutions, Inc.. The class action alleges violations of the Fair Credit Reporting Act (FCRA), claiming the plaintiff lacked constitutional standing because he did…
Kansas Federal Court Grants Partial Approval to Background Check Disclosure Class Action Settlement
In January, the United States District Court for the District of Kansas granted partial preliminary approval to the class settlement in Lengel v. HomeAdvisor, Inc., No. 15-2198-KHV. The plaintiff alleged that the company violated the Fair Credit Reporting Act (FCRA)…
Improper Form of Background Check Disclosure Not Sufficient Injury for Standing
Courts have been struggling to define the contours of standing in “no injury” ever since the Supreme Court decided Spokeo, Inc. v. Robins last year. The District of Minnesota recently granted a motion to dismiss a Fair Credit Reporting Act (FCRA) claim in which a…