Fair Credit Reporting Act Litigation Blog

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Spokeo Roundup

In May 2016, the Supreme Court handed down its decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016).  In Spokeo, the Court held that an alleged “bare procedural violation” of the Fair Credit Reporting Act (“FCRA”) without more was insufficient to state a concrete injury necessary to have…

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Ninth Circuit Delivers Win for Consumers

Last Friday, in a long anticipated decision, the Ninth Circuit delivered a big win for consumers in the published opinion in Syed v. M-I, LLC. No. 14-17186, ___ F. 3d ___, 2017 WL 242559, at *1 (9th Cir. Jan. 20, 2017), available at http://cdn.ca9.uscourts.gov/datastore/opinions/2017/01/20/14-17186.pdf.  Lawyers at Berger Montague represented amici…

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Specialty Consumer Reporting Agencies

Most consumers are familiar with the big three consumer reporting agencies (“CRA”), Equifax, TransUnion, and Experian.  While those three agencies dominate the market for credit reporting, there are a number of other, more specialized consumer reporting agencies that focus on particular types of background or financial reporting.  The Consumer Financial…

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Class Action Certification and § 1681e(b)

The Fair Credit Reporting Act provides: “Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.”  15 U.S.C. § 1681e(b).  In order to bring a claim under this section, a…

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Public Records and Credit Reports

Traditional credit reports issued by the big three credit reporting agencies, Experian, Equifax, and TransUnion, do not include any criminal records in their reports.  But the reports still do include three types of public records that can cause harm to consumers if they are erroneously reported. 1. Bankruptcy The first…

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