#fcra

The Eleventh Circuit recently took a huge bite out of consumers’ ability to bring class actions. In Muransky v. Godiva Chocolatier, Inc., 2020 U.S. App. LEXIS 33995 (11th Cir. Oct. 28, 2020) (en banc), the court uprooted the circuit’s plaintiff-friendly view of standing and forcefully held that consumers can’t sue for technical statutory violations.

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

According CFPB’s Director, “In April and May, the [CFPB] received approximately 42,400 and 44,100 complaints, respectively—the highest monthly complaint volumes in the Bureau’s history.”  This is something Consumer Privacy World is monitoring closely because an increase in CFPB complaints means lawsuits and statutory changes are not far behind.

Indeed, just this week the U.S. House

The Eleventh Circuit vacated a $490,000 punitive damages award last Friday for a single FCRA violation, finding that there wasn’t enough proof of a willful violation. Considering that the jury had initially awarded $3 million in punitives (which the trial court cut to $490,000 on due process grounds), this is a big win for Experian.

Here’s a handy dandy little decision for creditors/collectors to keep in mind.

When a consumer petitions for bankruptcy protection we all know (or should know) that collection efforts to that consumer must stop.  But can you still pull the consumer’s credit—assuming you otherwise have a permissible purpose–without violating the automatic stay?

According to one new

“It appears that there are at least eight cases in this District where the plaintiffs make the same claims against Michigan First. And in each case, the plaintiffs are represented by the same counsel. And in each case, Michigan First is represented by the same counsel,” the Honorable Laurie J. Michelson of the Eastern District