Tag Archives: FCRA

No Harm, No Foul: Supreme Court Narrows Article III Standing to Require That All Class Members Suffer a Concrete Injury in Fact

Overview On June 25, 2021, the U.S. Supreme Court decided TransUnion v. Ramirez, which held that even when a statute has been violated, and that statute provided a private right of action, plaintiffs still need a concrete injury in fact to have standing to bring a lawsuit in federal court. In this case, the statutory framework … Continue Reading

Post-Spokeo Jurisdictional Divide Continues as Northern District of California Rejects TransUnion’s Lack of Standing Argument

Last year, the U.S. Supreme Court issued a decision in Spokeo Inc. v. Robins, holding that a plaintiff bears the burden of establishing Article III standing by alleging an injury in fact that is concrete, particularized, and actual or imminent.1 The Court stated that “Article III standing requires a concrete injury even in the context … Continue Reading

FTC Continues Its Aggressive FCRA Enforcement and Ninth Circuit Lowers Standing Threshold in FCRA Cases

Data may well be the asset of the 21st century, but selling access to certain data about individuals may raise the risk of attracting unwanted attention from both regulators1 and class action litigants. As organizations collect more types of data about consumers, they are more likely to have data that may constitute “consumer report” data … Continue Reading

Policing Privacy: Undercover FTC Staff “Test-Shop” Data Brokers to Identify FCRA Violators

In early May, Theodore Moss, the CEO of online background-check provider Crimcheck.com, received a letter from the Federal Trade Commission (FTC) notifying him that “recent test-shopping contacts” had indicated that his company was possibly selling consumer information unlawfully.1 Crimcheck.com provides background-check services to businesses conducting employment screenings for potential job candidates.2 Such companies, often referred … Continue Reading
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