Tag Archives: FCRA

Fourth Circuit Vacates $12M FCRA Class Action Judgment Against Experian

On May 11, 2017, the Fourth Circuit Court of Appeals vacated a $12 million judgment against Experian Information Solutions, Inc. (“Experian”) in a class action against the credit reporting bureau alleging violations of the Fair Credit Reporting Act (“FCRA”). Relying on the standard set forth by the U.S. Supreme Court in Spokeo, Inc. v. Robins, … Continue Reading

16 Data Breach Class Action Lawsuits Filed Against 21st Century Oncology Consolidated

We previously reported that 21st Century Oncology suffered a data breach in October 2015 involving an intrusion into its systems which compromised around 2 million patients’ records, including their names, Social Security numbers, physicians’ names, insurance information, treatment information and diagnoses [view related posts here and here]. As a result of the data breach, sixteen … Continue Reading

California Federal Judge Certifies Class in S2Verify FCRA Class Action, Using Spokeo Concreteness Test

Last week, the decision in the Spokeo case influenced a California court’s decision to certify a class in a Fair Credit Reporting Act (FCRA) case. The class of applicants who claim that S2Verify, a background check company, unlawfully included criminal information in their reports, includes approximately 4,500 individuals who were subject to S2Verify reports from … Continue Reading

Win for businesses—for now: Supreme Court rules in favor of Spokeo in FCRA litigation

Today, the U.S. Supreme Court issued a ruling in Spokeo Inc. v. Robins, marking a win for businesses—for now. In a prior post, we discussed Spokeo, Inc.’s (Spokeo) request to the Supreme Court to overturn the February 2014 ruling from the Ninth Circuit that revived the Fair Credit Reporting Act (FCRA) lawsuit filed against Spokeo … Continue Reading

FTC issues new FCRA guidance for employment background screening companies

The Federal Trade Commission (FTC) issued new guidance for employment background screening companies containing information on how to comply with the Fair Credit Reporting Act (FCRA). One of the key elements of this new guidance is information related to when a company’s work defines them as a ‘consumer reporting agency’ under the FCRA. This guidance … Continue Reading

Pennsylvania Transit sued for Fair Credit Reporting Act violation

Last week, the Southeastern Pennsylvania Transportation Authority (SEPTA) was hit with a class action alleging violations of the Fair Credit Reporting Act (FCRA) for not sufficiently notifying job applicants of its use of credit checks, as well as violations of the Pennsylvania Criminal History Record Information Act by discriminating against applicants convicted of drug felonies. … Continue Reading

FCRA claims against CoreLogic are here to stay, for now

The alleged Fair Credit Reporting Act (FCRA) violations against CoreLogic National Background Data LLC (CoreLogic) won’t be going away. A Virginia federal court ruled that CoreLogic’s business does indeed fall under the FCRA, stating, “The undisputed documentary evidence from [CoreLogic] establishes that, in practice, [CoreLogic] has freely recognized that the background checks that it provides … Continue Reading

Dave & Buster’s faces FCRA class action for alleged background check violations

Joseph Alvarez filed a class action against Dave & Buster’s restaurant chain earlier this year in Florida alleging that it used background checks for employment decisions without providing a copy of the report to the applicants in violation of the Fair Credit Reporting Act (FCRA). Alvarez applied for a job as a line cook at … Continue Reading

U.S. Supreme Court’s decision in Spokeo v. Robins case will make waves in consumer class actions –one way or another

Back in early November of last year, Spokeo, Inc. (Spokeo) argued before the U.S. Supreme Court seeking to overturn a February 2014 ruling from the Ninth Circuit that revived the Fair Credit Reporting Act (FCRA) lawsuit filed against Spokeo by Thomas Robins.  Robins alleges that Spokeo violated the FCRA by falsely reporting his financial, marital … Continue Reading

Background check companies to pay $13 million for FCRA violations

General Information Services (GIS) and e-Background-checks.com Inc. (e-Background) agreed to pay $13 million in restitution and fines to settle their violations of the Fair Credit Reporting Act (FCRA) charged by the Consumer Financial Protection Bureau (CFPB). The CFPB charged GIS and e-Background with failure to ensure that the background checks they produced to potential employers … Continue Reading

NAIC cybersecurity task force adopts Cybersecurity Bill of Rights for insurance consumers

On October 14, the National Association of Insurance Commissioners (NAIC) Cybersecurity (EX) Task Force released an updated draft of its Cybersecurity Bill of Rights. The bill, which updates a prior draft published for comment in July 2015, details certain rights of insurance consumers in connection with protection of personal information and responses to data breaches … Continue Reading

Amazon’s motion for summary judgment denied in FCRA class action suit

U.S. District Judge Gary Feinerman denied Amazon, Inc.’s (Amazon) motion for summary judgment on October 7, 2015, in Illinois federal court, in a class action case over alleged violations of the Fair Credit Reporting Act (FCRA), stating that while Amazon said it offered plaintiff compensation to drop his accusations, “there is no offer of judgment … Continue Reading

Judge finds Genesis Healthcare free of any FCRA violations

On October 1, 2015, U.S. District Judge Mark Kearney rules that Genesis Healthcare LLC (Genesis) did not violate the Fair Credit Reporting Act (FCRA) when it employed a third party to conduct a criminal history background check on a potential employee because Genesis provided notice to the employee that General Information Services Inc. (GIS) was … Continue Reading

Auto dealer settles with FTC for violations of the Fair Credit Reporting Act

Tricolor Auto Acceptance (Tricolor), a Texas based auto dealer has agreed to settle with the Federal Trade Commission (FTC) for violations of the Fair Credit Reporting Act (FCRA). Tricolor will pay the FTC $82,777 in penalties, which has been approved by a federal judge in the Northern District of Texas. The FTC alleged that Tricolor … Continue Reading

Seventh Circuit rules hospital system is not a Consumer Reporting Agency under FCRA

Is a hospital a “consumer reporting agency”?  Can a health care provider be liable under the Fair Credit Reporting Act (FCRA) in the event of a data breach?  The Seventh Circuit Court of Appeals recently considered these significant questions in the case of Tierney v. Advocate Health & Hosps. Corp. (7th Cir., No. 14-3168, August 10, … Continue Reading
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