Kenn v. Eascare, Civil Action No. 20-cv-10070-ADB, 2020 U.S. Dist. LEXIS 158820 (D. Mass. Sep. 1, 2020) is a Fair Credit Reporting Act (“FCRA”) standing case. Here, the Court concluded that a mere technical violation of the FCRA (specifically, the disclosure requirement) does not automatically confer standing. The Court also discusses Plaintiff Nicole Kenn’s
employment disclosure
No Article III Standing for Class Representative Seeking Damages for Failure to Provide Notice of FCRA Rights
By Glenn A. Brown on
Posted in FCRA
A recent decision in the Eastern District of Pennsylvania confirms Third Circuit precedent that an employer’s failure to provide a consumer with notice of their rights under the Fair Credit Reporting Act (“FCRA”), as required by the FCRA, does not cause an injury-in-fact where the plaintiffs ultimately became aware of their rights and timely brought…
Ninth Circuit Clarifies Requirements for Article III Standing in Certain FCRA Cases
By Glenn A. Brown on
Posted in FCRA
In a class action involving an allegation that an employer failed to give the “stand-alone” disclosure that is required under the Fair Credit Reporting Act (“FCRA”) before obtaining a consumer report, the Ninth Circuit clarified what is necessary in order to have Article III standing in this context.
Section 604(b)(2)(A)(i) of the FCRA requires that…