In In Touch Concepts, Inc. d/b/a ZCOM v. Cellco Partnership, the Second Circuit joined the Seventh Circuit in holding that a federal court retains subject matter jurisdiction over a case that had previously been removed to federal court under the Class Action Fairness Act (“CAFA”), even after the plaintiff amended the complaint to remove
District Court Issues Favorable FDCPA Decision Addressing “Materiality” and the “Competent Attorney” Standard for Alleged Misrepresentations
In Simon v. FIA Card Services, N.A., the United States District Court for the District of New Jersey addressed whether the defendants engaged in false, misleading, or deceptive conduct in connection with their service of a subpoena for a Rule 2004 examination in the context of a bankruptcy proceeding. In granting the defendants’
New York City “Bans the Box” in Limiting Inquiry into Job Applicants’ Criminal History
On June 10, the New York City Council became the latest governmental body to “ban the box” by prohibiting private employers within the city from inquiring into a job applicant’s criminal history, and instead requiring that criminal background inquiries be deferred until the time of a job offer. In so doing, New York City joins
District Court Holds That Mailing Pre-Adverse and Adverse Action Letters Five Business Days Apart is Plausible FCRA Claim When It Conflicts With Content of Pre-Adverse Action Letter
In Moore v. Rite Aid Headquarters, the District Court for the Eastern District of Pennsylvania ruled that the plaintiff had stated a plausible employment adverse action claim under the Fair Credit Reporting Act. In doing so, the Court’s decision raises questions about a widely accepted safe harbor of mailing pre-adverse and adverse action notices
Recent FCRA Lawsuit Demonstrates Growing Trend of Class Actions Challenging Employment Background Screening Disclosure Forms
A putative nationwide class action was recently filed under the Fair Credit Reporting Act against Dollar Tree Stores Inc. The lawsuit was filed in federal district court in Florida.
The complaint alleges that Dollar Tree failed to properly disclose in a separate document that it was going to obtain employees’ consumer reports for hiring purposes
The Good, the Bad, and the Unclear: FCC Proposal Foreshadows Major News Under TCPA for Financial Services Companies
A growing avalanche of lawsuits under the Telephone Consumer Protection Act spurred industry groups and businesses, particularly financial services companies, to file more than 20 petitions with the Federal Communications Commission seeking clarifications and interpretations of the TCPA’s requirements. An announcement by FCC Chairman Tom Wheeler indicates that the Commissioners will be acting on the
Supreme Court Grants Petition to Potentially Decide Whether a Rule 68 Offer of Judgment for Complete Relief Moots Potential Class Claims
The U.S. Supreme Court agreed on May 18 to hear an appeal from the U.S. Navy’s advertising partner challenging the Ninth Circuit’s remand of a potential class action over allegedly unsolicited text messages, potentially resolving the issue of whether a putative class claim is mooted by an offer of complete relief under Rule 68 of
D.C. Circuit Holds that Credit Card Information Obtained by DHS During Investigation Constitutes Consumer Report
In Abdelfattah v. DHS, the D.C. Circuit held that credit information obtained by the Department of Homeland Security on a person of interest can constitute a consumer report under the Fair Credit Reporting Act. Because DHS did not have a permissible purpose to obtain the information, it may be liable for an FCRA violation.
Court Seeks Supplemental Briefing on Standing in FCRA Case
On May 1, the District Court for the Middle District of Alabama issued an order requesting that the parties provide supplemental briefing on the issue of standing in a lawsuit alleging Fair Credit Reporting Act violations. As we have previously reported on the blog, the Supreme Court recently granted certiorari in the Spokeo case
District Court Denies Defendant’s Bid to Stay Class Action Proceedings Pending Supreme Court’s Spokeo Decision
A district court in Florida quickly denied a motion by Whole Foods Market Group Inc. to stay a proposed class action under the Fair Credit Reporting Act until the Supreme Court rules on the pending matter in Spokeo, Inc. v. Robins, which addresses issues of claimed statutory violations. Whole Foods argued that the proposed