A district court in Wisconsin amplified the uncertainty facing TCPA litigants in the Seventh Circuit by holding that a predictive dialer constitutes an automatic telephone dialing system (“ATDS”), even if the device does not place random or sequentially dialed numbers. In denying the defendant’s motion to dismiss, the court applied the ATDS definition
On July 13, 2018, in Dutta v. State Farm Mutual Automobile Insurance Company, the Ninth Circuit affirmed the district court’s decision granting summary judgment to State Farm in a putative Fair Credit Reporting Act class action. The decision presents another helpful application of the U.S. Supreme Court’s 2016 Spokeo decision. The Dutta decision highlights
On June 21, 2018, the U.S. District Court for the District of Oregon dismissed a putative class action complaint alleging that a potential employer violated the disclosure and pre-adverse action notification requirements of the Fair Credit Reporting Act in Walker v. Fred Meyer Inc.[1] The Walker decision highlights several key lessons associated with FCRA class
On June 21, the United States District Court in Oregon dismissed a plaintiff’s class action complaint alleging his potential employer violated the disclosure and pre-adverse action notification requirements of the Fair Credit Reporting Act (“FCRA”).
Plaintiff Daniel Walker applied for employment with defendant Fred Meyer, Inc. As part of the application process, Fred Meyer provided
On May 29, the Ninth Circuit ruled that an end-user’s misuse of reported information does not render a credit reporting agency’s report inaccurate for purposes of liability under the Fair Credit Reporting Act. The Court affirmed the district court’s grant of summary judgment in the putative class action case brought against a national credit
Even though both parties agreed the plaintiffs lacked standing to bring suit under the Fair and Accurate Credit Transaction Act (“FACTA”), the Seventh Circuit recently reversed the district court’s dismissal for lack of standing, and instead ordered the district court to remand the case to state court.
The FACTA putative class action, originally filed in
On May 2, the U.S. District Court for the District of New Jersey granted a debt collector’s motion to dismiss a putative class action brought under the Fair Debt Collection Practices Act, holding the validation notice in the collection letter was not overshadowed or contradicted by other language in the letter.
The case is Reizner
In a first-of-its-kind ruling, a federal judge in the Eastern District of Pennsylvania held that Philadelphia’s ban on questioning job applicants about their salary history violates the First Amendment’s freedom of speech clause. However, the judge ruled the city could stop employers from using salary history to determine pay.
The City of Philadelphia (the “City”)
A district court in Ohio dismissed a plaintiff’s claims under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., because he could not show that the report caused him an injury or that the background screening company failed to maintain reasonable procedures to ensure accuracy.
Plaintiff Thomas Black brought a putative class
A federal court in Nebraska threw out a putative class action suit brought under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., and the Nebraska Consumer Protection Act, Neb. Rev. Stat. § 59-1601 et seq., holding that collection agencies could recover attorneys’ fees when using in-house counsel to file