Tag Archives: FCRA

Seventh Circuit Affirms Dismissal of FCRA Class Claims Based on Job Application Credit Reports Due to Lack of Standing

In yet another appellate court decision signaling the strength of the United States Supreme Court’s 2016 Spokeo decision, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of a pair of putative class actions against Time Warner Cable, Inc. (“TWC”) and Great Lakes Higher Education Corporation (“Great Lakes”) alleging Fair Credit Reporting … Continue Reading

Bare Statutory Violation of FCRA Fails to Satisfy Standing Requirements Post-Spokeo, Says District of New Jersey in Suit Over Michaels Employment Disclosures

Michaels escaped a potential class action alleging Fair Credit Reporting Act (“FCRA”) violations late last month when a federal judge found the United States Supreme Court’s recent decision in Spokeo, Inc. v. Robbins, 136 S. Ct. 1540 (2016) foreclosed the plaintiffs’ claim for a bare statutory violation not resulting in concrete damages.  The recent ruling … Continue Reading

Federal Judge in Maryland Remands Data Breach Class Action Following in Spokeo Decision’s Footsteps

Just days after the Supreme Court’s ruling in Spokeo v. Robins, the highly anticipated decision is already impacting data breach class actions across the country. The defendant in the Spokeo case contended that the plaintiff had suffered no concrete injury, and that a mere statutory violation is not enough of an injury to give plaintiffs … Continue Reading

In Spokeo v. Robins, The United States Supreme Court Articulates a Need for ‘Concrete’ Injury To Sue in Federal Court

The federal judiciary derives its power from Article III of the United States Constitution. That power is limited to deciding “Cases” and “Controversies,” Art. III, section 2. In the case of Spokeo v. Robins, the United States Supreme Court considered whether a plaintiff presents such a “case” or “controversy” where he only alleged a violation of a … Continue Reading

FTC Workshop on Big Data: Focus on Data Brokers

On September 15, the Federal Trade Commission held a workshop entitled “Big Data: A Tool for Inclusion or Exclusion?” FTC Commissioner Julie Brill took the opportunity to discuss an industry that she has consistently maintained requires more regulation and scrutiny: data brokers. Commissioner Brill stressed first that the FTC is very focused on entities regulated … Continue Reading

CFPB Proposes Changes to the Annual Privacy Notice: There is Still Time To Comment

This post was written by Timothy J. Nagle and Christopher J. Fatherley. In December 2011, the Consumer Financial Protection Bureau (CFPB) published a Federal Register (FR) notice [76 FR 75825] on “Streamlining Inherited Regulations.”  These regulations consist of federal consumer financial laws that were transferred to CFPB authority under the Dodd-Frank Wall Street Reform and … Continue Reading

Update on Federal Trade Commission v. Wyndham Worldwide Corp.: FTC Allowed To Proceed with Data Security Suit, Rejects Fundamental Challenge to FTC Authority

A New Jersey federal court is allowing the FTC’s case against Wyndham Worldwide Corporation to go forward, denying Wyndham’s Motion to Dismiss on both the unfairness and deception counts.  In this closely watched case, the court emphasized that in denying Wyndham’s request for dismissal, it was not providing the FTC with a “blank check to … Continue Reading

No Harm, Big Foul: With Spokeo, Ninth Circuit Finds Willful FCRA Violation Is Sufficient for Suit, With or Without Actual Injury

On February 4, the Ninth Circuit ruled that a plaintiff need not show actual harm to have standing to sue under the Fair Credit Reporting Act (FCRA); a violation of the statutory right is a sufficient injury in fact to confer standing. The case, Robins v. Spokeo, Inc., may open the door for plaintiffs to … Continue Reading

Commissioner Brill to States: Data Brokers Aren’t Going to Regulate Themselves

Federal Trade Commissioner Julie Brill, in a speech Monday at the National Association of Attorneys General (NAAG) Presidential Initiative Summit, urged the states to take a more active role in investigating and holding accountable data brokers for violations of the Fair Credit Reporting Act (FCRA). The FCRA regulates the use of credit report information for … Continue Reading
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