Consumer Financial Services Law Monitor

Consumer Financial Services Law Monitor

monitoring the financial services industry to help companies navigate through regulatory compliance, enforcement, and litigation issues

Ross Andre

Ross Andre

Blog Role:
Contributor – Background Screening

CFS Value:
Ross specializes in financial services litigation, primarily representing companies facing claims related to consumer credit and criminal reporting. 

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Plaintiff Seeks Remand of Sodexo FCRA Lawsuit

Posted in Background Screening
Sodexo, Inc. recently found itself named in a putative Fair Credit Reporting Act class action based on alleged improprieties in its background check disclosure forms and its pre-adverse action process.  Sodexo removed the case from Pennsylvania state court to the United States District Court for the Western District of Pennsylvania on April 7, claiming the… Continue Reading

Sodexo Defends FCRA Class Action Alleging Failures in Hiring Process

Posted in ALL CFS Blog Entries, Background Screening
Sodexo, Inc. was recently named as the defendant in a putative Fair Credit Reporting Act class action based on alleged improprieties in its hiring procedures.  The case, Piveronas v. Sodexo, Inc., was originally filed in the Court of Common Pleas of Allegheny County, Pennsylvania, and removed to the United States District Court for the Western… Continue Reading

Virginia Federal Court Dismisses FCRA Permissible Purpose Claim on Standing Grounds

Posted in ALL CFS Blog Entries, Background Screening
On March 29, 2017, a judge in the United States District Court for the Eastern District of Virginia dismissed a Fair Credit Reporting Act claim against Equifax Information Services, LLC alleging that Equifax provided the plaintiff’s consumer report to a third party without an FCRA permissible purpose.  Dilday v. DIRECTV, LLC et al., No. 3:16CV996-HEH. … Continue Reading

TCPA Defendant Settles Class Claims on Individual Basis Following Counterclaims for Harassment and Racketeering

Posted in ALL CFS Blog Entries, Credit Reporting & Data Brokers, Debt Buyers & Collectors
BrandRep, the defendant in a Telephone Consumer Protection Act putative class action lawsuit pending in the United States District Court for the Central District of California, recently settled putative nationwide class claims on an individual basis, resulting in dismissal of the case.  The settlement came on the heels of BrandRep’s assertion of counterclaims that put… Continue Reading

Kansas Federal Court Grants Partial Approval to Background Check Disclosure Class Action Settlement

Posted in ALL CFS Blog Entries, Background Screening, Credit Reporting & Data Brokers
On January 25, 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, Emerald Lengel, brought a class action lawsuit in January 2015, alleging that HomeAdvisor, her then-potential employer, violated the Fair Credit Reporting Act.  Lengel alleged HomeAdvisor… Continue Reading

Court Denies Background Screener’s Spokeo Motion Related to Address History Reporting

Posted in ALL CFS Blog Entries, Background Screening
On February 13, a judge in the United States District Court for the Southern District of New York denied a background screening company’s motion to dismiss a putative Fair Credit Reporting Act class action on the basis of the Supreme Court’s holding in Spokeo v. Robins, 136 S. Ct. 1540 (2016).  As has been the… Continue Reading

Blue Shield Avoids Potential TCPA Class Action Liability in Prerecorded Phone Call Case

Posted in ALL CFS Blog Entries, Background Screening
A judge in California recently dismissed a putative Telephone Consumer Protection Act class action against Blue Shield of California, an insurance provider.  In Smith v. Blue Shield of California Life & Health Insurance Co. (C.D. Cal.), the judge found that the telephone call at issue was, as a matter of law, not the type of… Continue Reading

Ninth Circuit Reverses Dismissal of Plaintiffs’ FCRA Complaint against Fannie Mae

Posted in ALL CFS Blog Entries, Background Screening
In an unpublished decision, the Ninth Circuit Court of Appeals ruled that a complaint sufficiently alleged that Federal National Mortgage Association (“Fannie Mae”) may act as a consumer reporting agency (“CRA”) under the Fair Credit Reporting Act, which could potentially subject Fannie Mae to the accuracy requirements imposed by section 1681e(b) of the FCRA. In… Continue Reading

Lands’ End Faces TCPA Class Action from Alleged Junk Faxes

Posted in ALL CFS Blog Entries, Background Screening
Lands’ End, a Wisconsin-based clothing retailer, was named as a defendant in a putative class action filed January 4 under the Telephone Consumer Protection Act in federal court in Connecticut.  The TCPA includes, as a result of the Junk Fax Protection Act of 2005, prohibitions on sending unsolicited fax advertisements without a required opt-out notice… Continue Reading

Ninth Circuit Hears Oral Argument in Spokeo Following Remand From Supreme Court

Posted in ALL CFS Blog Entries, Background Screening
On December 13, the Ninth Circuit Court of Appeals heard arguments in the long‑simmering Robins v. Spokeo Inc. putative class action, following reversal of the appellate court’s previous opinion by the Supreme Court.  Robins alleges that Spokeo violated the Fair Credit Reporting Act by maintaining various inaccurate data points about the plaintiff in an online… Continue Reading

California Federal Court Remands Background Check Class Action on Basis of Article III Standing

Posted in ALL CFS Blog Entries, Background Screening
On December 2, the court in Lee v. Hertz Corp., No. 15-cv-04562-BLF (N.D. Cal.) granted a motion to dismiss a putative Fair Credit Reporting Act class action against Hertz.  The court’s order, which was based on a finding that the named plaintiffs—Peter Lee and Latonya Campbell—lacked Article III standing, remanded the case to San Francisco… Continue Reading

California Court Grants Final Approval of $1.5 Million TCPA Robocall Settlement

Posted in ALL CFS Blog Entries, Background Screening, Credit Reporting & Data Brokers, Mortgage Lenders & Servicers
On November 7, the United States District Court for the Southern District of California granted final approval of the class settlement in Stemple v. QC Holdings, Inc., No. 3:12-cv-01997 (S.D. Cal.).  The plaintiff in the case alleged that QC Holdings, a check-cashing and short-term loan company, negligently and willfully violated the Telephone Consumer Protection Act… Continue Reading

Facebook Challenges Constitutionality of TCPA’s Prohibition on Automated Text Messages

Posted in ALL CFS Blog Entries, Cyber Security, Information Governance & Privacy
In a motion filed in a putative class action pending in California, Facebook, Inc. seeks to dismiss claims under the Telephone Consumer Protection Act, arguing, among other things, that the TCPA as applied to Facebook’s “status update” text messages is unconstitutional.  The plaintiff in Holt v. Facebook, Inc., No. 3:16-cv-02266-JST (N.D. Cal.), alleges that Facebook… Continue Reading

Judge Grants Summary Judgment for Bank of America in Putative FCRA Disclosure and Authorization Class Action

Posted in ALL CFS Blog Entries, Background Screening, Credit Reporting & Data Brokers
On October 13, Judge Christina A. Snyder of the United States District Court for the Central District of California granted summary judgment in favor of Bank of America and other defendants in a putative Fair Credit Reporting Act class action.  In Robert Berrellez v. Pontoon Solutions, Inc. et al., No. 2:15-cv-01898, the plaintiff alleged that… Continue Reading

Illinois Court Refuses to Dismiss Case After Tender of Monetary Relief as Courts Continue to Wrestle with Campbell-Ewald Aftermath

Posted in ALL CFS Blog Entries, Background Screening, Credit Reporting & Data Brokers
In Practice Management Support Services v. Cirque Du Soleil, Inc., the United States District Court for the Northern District of Illinois denied the defendants’ motion for summary judgment that followed a Rule 67 motion to deposit $15,000 to moot the plaintiff’s claim for relief under the Telephone Consumer Protection Act.  The plaintiff seeks, on behalf… Continue Reading