The Fair Credit Reporting Act (“FCRA”) permits consumers to dispute the details of their credit reports. Upon receipt of a dispute, the credit reporting agency (“agency”) must notify the party that furnished the disputed information, which then has a duty to investigate. 15 U.S.C. § 1681i(a)(2). The FCRA provides a private right of action to
From consumers and merchants to financial institutions and investors, fraud is a global problem that damages healthy economic growth. Two sobering statistics illustrate that as the world has become more connected, fraud has only proliferated. In 2001, the FTC received 137,306 reports of fraud. In 2019, that number increased to 1,697,934 – an increase of
The Illinois Biometric Information Privacy Act (“BIPA”) regulates the collection and use of biometric data and includes a private right of action as an enforcement mechanism. This month, a BIPA class action lawsuit was filed against Del Monte Foods, Inc. in the Circuit Court of Cook County, Illinois. In Metoyer v. Del Monte Foods, Inc.
The United States is in the process of completing its 59th presidential election and electing its 46th president. A change in administrations is inevitably accompanied by a change in executive priorities. Assuming that Vice President Biden is sworn in as President on January 20, 2021, the area of data privacy will likely be of particular
The Third Circuit recently brought closure to a long-running dispute, and, in the process, cautioned us of the danger of conclusory allegations, especially in the context of the Fair Credit Reporting Act (“FCRA”).
In Schiano v. HomEq Servicing Corp., 2020 U.S. App. LEXIS 33912 (3rd Cir. Oct. 28, 2020), an arbitrator ordered the plaintiffs
Time theft, especially in an age of booming remote work, is a serious concern for employers.
Time theft’s cost on productivity motivates many companies to explore ways to reduce it. In a recent case, time theft motivated a company to implement a timekeeping system that clocked employees through their fingerprints instead of the usual
In a new and critical ruling, the Eleventh Circuit Court of Appeals just held that business has a “legitimate business need” to pull a credit report any time it is responding directly to a consumer-initiated request—even if that consumer is not who he purports to be. This ruling provides a much needed clarification to one
An individual’s background is often evaluated for important decisions. When our society was smaller and more close-knit, individuals familiar with the interested person’s life and background filled this need. As our society became larger, however, the need for objective information became greater, and companies began drafting background reports. Several laws, including the Fair Credit Reporting
Once a lawsuit has been filed, standing is often the first issue that defense counsel will address. After all, if standing opens the door to the merits of a suit, then counsel is generally tempted to keep that door shut and locked. A recent case reminds us that standing is always an issue, even when