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Squire Patton Boggs | USA | 24 Feb 2021

FCRA Litigation Survives Motion to Dismiss, Serving as Reminder of What Needed for Well-Pled Claim

The Fair Credit Reporting Act (“FCRA”) is a frequently litigated data privacy statute. [Note: For more on the FCRA and what it requires, check out…

Squire Patton Boggs | USA | 4 Feb 2021

Is The Age Of Reason(able Belief) Over? The District of New Jersey Says Yes.

In Reilly v. Vivint Solar, 2021 U.S. Dist. LEXIS 14088, the District of New Jersey tackled a gray area under the FCRA: what does it mean for a user of…

Kilpatrick Townsend & Stockton LLP | USA | 26 Jan 2021

SCOTUS grants certiorari to resolve critical class action standing issue

In a prior article - Class action standing: Ninth Circuit holds members of a damages class must demonstrate Article III standing (March 31, 2020) - we…

Troutman Pepper | USA | 26 Jan 2021

Factually v. Legally Inaccurate Information, The Difference Matters: Court Rejects FCRA Claims Based on Disputed Legal Issue

On January 21, 2021, the United States District Court for the Northern District of Illinois granted TransUnion Data Solutions LLC’s (“Trans Union”)…

Womble Bond Dickinson (US) LLP | USA | 20 Jan 2021

D.C. District Court Denies Motion To Compel Arbitration Of FCRA Claim Due to Insufficient Declaration

On January 13, 2021, the U.S. District Court for the District of Columbia denied a motion to compel arbitration filed by First Premier Corp. (“First…

Morrison & Foerster LLP | USA | 20 Jan 2021

Role Reversal: Ninth Circuit Rejects Consumer’s Attempt to Enforce Updated Arbitration Provision in Website Terms of Use

In Stover v. Experian Holdings, the Ninth Circuit decided an issue of first impression for the circuit, holding that a party’s single visit to a…

Morrison & Foerster LLP | USA | 12 Jan 2021

CFPB Task Force Releases Recommendations for Improving Financial Services Consumer Protection

On January 5, 2021, the Consumer Financial Protection Bureau (CFPB or Bureau) Taskforce on Federal Consumer Financial Law (Task Force) released a…

Montgomery McCracken Walker & Rhoads LLP | USA | 5 Jan 2021

SCOTUS To Address Standing of Class Members

The U.S. Supreme Court will soon hear argument in a Fair Credit Reporting Act (“FCRA”) class-action case out of the Ninth Circuit, Ramirez v…

Squire Patton Boggs | USA | 14 Dec 2020

Federal Court Holds that FCRA Preempts State Credit Reporting Restrictions

Earlier this fall, a federal court granted a trade association’s motion for a declaratory judgment against the Maine attorney general and the…

Squire Patton Boggs | USA | 11 Dec 2020

The FCRA and Unlawful Discrimination: A Possible Foreshadowing of FTC Enforcement Priorities

This week brought news of a Federal Trade Commission (“FTC”) complaint and proposed $4.25 million settlement with AppFolio, Inc. (“AppFolio”), a…
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