On August 9, a court in the United States District Court for the Northern District of Georgia joined several other district courts in finding consumer reports obtained for independent contractors do not trigger the protections applicable for consumer reports obtained for “employment purposes” under the Fair Credit Reporting Act. Although the issue remains unsettled, this
In Reyes v. Educational Credit Management Corporation, Case No. 17-56930, the Ninth Circuit reversed a decision certifying a class action in which the plaintiffs allege violations of California’s Invasion of Privacy Act (“CIPA”) (Cal. Penal Code § 630 et. seq.). In doing so, it held that the district court had failed to determine
The Northern District of California recently granted a motion to compel arbitration in a putative class action brought under the Telephone Consumer Protection Act. In doing do, it enforced an arbitration provision that had been provided to the plaintiff by way of a hyperlink in an e-mail confirming her purchase of a subscription to an
On May 30, 2019, the Second Circuit issued its decision in Kidd v. Thomson Reuters Corporation, affirming the district court’s order granting summary judgment in favor of Thomson Reuters and defining what is required to qualify as a “consumer reporting agency” (“CRA”) covered by the Fair Credit Reporting Agency, 15 U.S.C. § 1681, et
Contractual provisions requiring consumers to bring claims in arbitration must be carefully worded to ensure they encompass all claims, including those asserted under the Telephone Consumer Protection Act. A recent decision by the United States District Court for the District of New Jersey, Abedi v. New Age Med. Clinic PA, No. 18-14680-KM-SCM, 2019 U.S.
In Henderson v. United Student Aid Funds, Inc., the Ninth Circuit recently reversed a decision by the District Court for the Southern District of California holding that a lender could not be held vicariously liable for the actions of the debt collection companies that had been hired by its loan servicer.
The plaintiff in Henderson
On April 16, the U.S. Court of Appeals for the Seventh Circuit ruled that the definition of “conviction” under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, et seq, should be interpreted under federal law, not the law of the state where the criminal record is generated. See Aldaco v. RentGrow, Inc.,
The Seventh Circuit recently vacated a decision by the Southern District of Indiana in which the lower court had rescinded an earlier decision to certify a class action in a suit brought by a group of used car dealerships.
In Red Barn Motors, Inc. v. Nextgear Capital, Inc., No. 18-1409, 2019 U.S. App. LEXIS 4303
On February 26, the House Financial Services Committee held a hearing entitled “Who’s Keeping Score? Holding Credit Bureaus Accountable and Repairing a Broken System,” with the CEOs of the big three credit bureaus – TransUnion, Equifax, and Experian – testifying. The hearing was the first time the current CEOs of the major credit bureaus have