Recently, a federal court considered whether the Fair Credit Reporting Act (“FCRA”) preempts a Missouri Merchandising Practices Act (“MMPA”) claim arising from accurate reporting. Pudic v. Dep’t Stores Nat’l Bank, 2021 U.S. Dist. LEXIS 150910 (E.D. Mo. Aug. 11, 2021). The court held the FCRA does not preempt a MMPA claim, and Defendant’s Motion to
In recent years, Fair Debt Collection Practices Act (“FDCPA”) litigation has exploded—and particularly so in the Eastern District of New York, one of the busiest FDCPA dockets in America. Increasingly, the theories of liability in many FDCPA cases have become increasingly attenuated, and focused primarily on the recovery of fees for plaintiffs’ counsel rather than
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
In a recent litigation and appeal involving claims under the Fair Credit Reporting Act (“FCRA”), the Ninth Circuit affirmed the district court’s grant of summary judgment to the defendant, in a win for CRAs named in similar litigation. Leoni v. Experian Info. Solutions, 2021 U.S. App. LEXIS 17687 (9th Cir. June 14. 2021).
As data privacy litigators continue to digest the Supreme Court’s ruling last Friday in TransUnion, you can check out what CPW’s Kristin Bryan had to say to Bloomberg Law about what it means going forward. You can see her remarks and read the complete article here: Supreme Court’s TransUnion Ruling Curbs Consumer Privacy Claims
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
Last month, a federal court addressed the kind of harms that need to be included in a plaintiff’s complaint asserting claims under the Fair Credit Reporting Act (“FCRA”) and Fair Debt Collection Practices Act (“FDCPA”) to survive a motion to dismiss. Magruder v. Capital One, Nat’l Ass’n, 2021 U.S. Dist. LEXIS 94804 (D.D.C. May
In case you missed it, below is a summary of recent posts from CPW. Please feel free to reach out if you are interested in additional information on any of the developments covered.
China’s Personal Information Protection Law (Second Draft) – What to Expect | Consumer Privacy World
The Eastern District of California recently approved a $1.375 million settlement between a certified class of former employee plaintiffs and an employer defendant. The class consisted of all individuals who worked for the defendant between March 30, 2013 and May 1, 2018. The defendant was alleged to have misused FCRA consent forms to improperly run
Last month, the Eastern District of Pennsylvania dismissed a pro se plaintiff’s third attempt at bringing a claim under FCRA and FDCPA. Blackwell v. United Auto Credit, 2021 U.S. Dist. LEXIS 50681 (E.D. Pa. Mar. 18, 2021). While a reminder of what is necessary to survive federal pleading standards, the case also discusses the