This past May, Rep. Barry Loudermilk (R-Ga.) introduced H.R. 2359, the FCRA Liability Harmonization Act, which would cap class action damages in Fair Credit Reporting Act claims at $500,000 or one percent of the defendant’s net worth, whichever is less, and eliminate punitive damages. Such changes would align the Fair Credit Reporting Act with numerous
Second Circuit Affirms Dismissal of FACTA Class Action Against Donna Karan for Lack of Standing
On September 20, the Second Circuit Court of Appeals in Katz v. The Donna Karan Company, LLC, affirmed the lower court’s dismissal of a Fair and Accurate Credit Transactions Act putative class action for failure to establish a concrete injury sufficient to maintain Article III standing to bring suit.
As we previously reported,
Join Us for a Complimentary Webinar: “Litigators Discuss the Current State of Individual and Class Action Consumer Mortgage Claims”
On Thursday, October 5th, from 2-3 p.m. ET, Troutman Sanders attorneys John Lynch, Jon Hubbard and Mohsin Reza will present a webinar discussing trends in consumer mortgage litigation across the country and major decisions in individual and class actions involving ECOA, FHA, RESPA, TILA, FCRA, FDCPA, and state mortgage and consumer protection laws. The webinar
Federal Appellate Court Rejects Attorneys’ Fees-Only Class Action Settlement
In January 2013, a teenager in Australia posted a photo online showing that his “footlong” Subway sandwich was in fact only 11 inches, setting off a viral storm of consumers discovering their “footlong” sandwiches were similarly not as large as advertised. That spawned a number of class action lawsuits in America accusing Subway’s franchisor, Doctor’s
New TCPA Class Action: Expansion into Service Calls
On August 29, yet another Telephone Consumer Protection Act class action was filed in the Middle District of Florida. This suit, however, is a bit different than others that we have seen.
In Gillmore v. Lokey Automotive Group, Inc., the complaint alleges that text messages sent to the plaintiff April Gillmore by an automobile dealership
Central District of California Limits Fees in FCRA Class Action, Creates Bigger Award Pool for Class Members
On July 18, the District Court for the Central District of California granted in part and denied in part a motion for attorneys’ fees, costs, and other payments in a Fair Credit Reporting Act class action suit. The motion accompanied a proposed $400,000 settlement, with a third of the funds allocated to class counsel for
Join Us at the National Association of Professional Background Screeners Annual Conference
We are pleased to announce that Troutman Sanders partners David Anthony, Cindy Hanson, and Tim St. George will be featured speakers at the upcoming National Association of Professional Background Screeners (NAPBS) Annual Conference, to be held in Orlando, Florida on September 17-19, 2017.
On Tuesday, September 19, David, Cindy and Tim will speak on a
Federal Appellate Court Affirms Dismissal of Putative FCRA Class Action
On August 24, the United States Court of Appeals for the Eleventh Circuit affirmed the dismissal of a putative class action against TransUnion on the basis that it failed to allege a plausible claim for relief, holding that TransUnion was not objectively unreasonable in its reading of the Fair Credit Reporting Act.
The plaintiff, Kathleen
Federal District Court Grants Preliminary Approval of $3.2M TCPA Class Action Settlement
On August 10, Massachusetts District Court Judge Richard G. Stearns granted preliminary approval of a $3.2 million class settlement agreement in a Telephone Consumer Protection Act class action filed against Collecto, Inc. The four named plaintiffs allege that Collecto made unauthorized telephone calls to class members’ cellular phones using an automated telephone dialing system in
Courier Service Settles Lawsuit Challenging Background Check Disclosure Form and Notices
The recent matter of Nesbitt, et al. v. Postmates Inc., Case No. CGC15547146 in the Superior Court of the State of California, County of San Francisco, demonstrates the continuing trend of litigation regarding the content of background disclosure forms, as well as ongoing issues regarding the failure of employers to provide notice of adverse