While the number of lawsuits filed under the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act remained relatively steady or fell, claims under the Fair Credit Reporting Act rose sharply between October 2015 and October 2016.  The total number of FCRA lawsuits increased from 283 to 355 – a 25.4 percent increase. 

Year-to-date FCRA cases also have increased 9.2 percent, from 3,008 in October 2015 to 3,285 in October 2016. 

“[The] FCRA seems to be headed for an increase of 8-10 percent if current trends hold,” according to WebRecon CEO Jack Gordon.  The increase in FCRA lawsuits has shown no sign of abating, even after the Supreme Court’s decision in Robins v. Spokeo, Inc. where the Court held that a plaintiff must have a “concrete and particularized” injury to assert Article III standing in federal court.   

Troutman Sanders will continue to monitor these lawsuit trends and the effect of Spokeo (or lack thereof) on the number of FCRA lawsuits filed.