In Murphy v. DCI Biologicals Orlando LLC, No. 14-10414, 2015 U.S. App. LEXIS 14632 (11th Cir. Aug. 20, 2015), the Eleventh Circuit Court of Appeals affirmed a district court’s dismissal of a proposed class action under the Telephone Consumer Protection Act, holding that the plaintiff consented to receive text messages when he provided his
Meagan Mihalko
California Appeals Court Revives California’s Investigative Consumer Reporting Agencies Act
By David N. Anthony & Meagan Mihalko on
The California Appeals Court overturned a Los Angeles Superior Court decision holding that California’s Investigative Consumer Reporting Agencies Act (ICRAA) was unconstitutionally vague because of its overlap with California’s Consumer Credit Reporting Agencies Act (CCRAA). Connor v. First Student, Inc., 2015 Cal. App. LEXIS 699 (Cal. App. 2d Dist. Aug. 14, 2015).
In the …
Seventh Circuit Rules Hospital’s Actions are Not Subject to FCRA
By David N. Anthony & Meagan Mihalko on
In Tierney v. Advocate Health & Hosps. Corp. (No. 14-3168, 2015 U.S. App. LEXIS 13966 (Aug. 10, 2015)), the Seventh Circuit recently upheld a district court’s dismissal of a proposed class action accusing a hospital of violating the Fair Credit Reporting Act by failing to secure health data maintained on four desktop computers that …
Seventh Circuit Opines that Rule 68 Offer Does Not Moot Suit
By David N. Anthony & Meagan Mihalko on
On August 6, the Seventh Circuit Court of Appeals ruled that a defendant’s offer of full relief does not render a plaintiff’s claims moot. The case, Chapman v. First Index, Inc. (No. 14-2773, 2015 U.S. App. LEXIS 13767 (7th Cir. 2015)), was a junk fax case brought pursuant to the Telephone Consumer Protection Act…
Insurer Required to Defend and Indemnify FCRA Action Despite Penalty Exclusions
By David N. Anthony & Meagan Mihalko on
Earlier this week, the New York Supreme Court issued an opinion finding that an insurer has a duty to defend and indemnify a national background screening company in two Fair Credit Reporting Act actions despite the policy’s exclusions of fines and penalties.
In the two underlying actions at issue (Scott Ernst v. Dish Network, …