Our financial services litigation practice is a proven national powerhouse in representing users, furnishers, and consumer reporting agencies in FCRA litigation and compliance nationwide, successfully handling thousands of individual and class action cases, including many precedent-setting matters.
Users, furnishers, and consumer reporting agencies consistently and repeatedly call on us to assist in litigation covering the full spectrum of FCRA-regulated activities, including credit reporting, employment, consumer credit, and insurance transactions. We also frequently help clients who do not consider themselves to be acting as consumer reporting agencies, but who have had FCRA claims asserted against them.
We have defended actions under every substantive provision of the FCRA, including those related to accuracy, matching procedures, permissible purposes for accessing information, obsolete information, consumer disclosures, forms of notice to consumers, consumer disputes, and reinvestigations. Additionally, we have a strong pedigree in FCRA compliance counseling, including FCRA audits. We utilize this compliance experience to strengthen our clients’ regulatory positions, both before and after litigation.
We also have extensive experience with the FCRA provisions governing employment background screening. The background screening process is a critical component of modern-day hiring, with employers exposed to potential liability both for failing to conduct background screenings and for the background screening process itself. Increased regulatory attention in this area, as well as an active and changing litigation environment, have made compliance with the FCRA and related state background-screening laws a difficult task. We have handled lawsuits and compliance reviews under every provision of the FCRA addressing the background screening process — including the obscure tracking procedures.
In the context of FCRA class actions, we have substantial experience dealing with the class-related issues under Rule 23 of the Federal Rules, such as class certification motions addressing ascertainability, the existence and predominance of common questions of law and fact, typicality, adequacy, and superiority, as well as the administration of class action settlements.
Our attorneys provide ongoing analysis and commentary on developments in the consumer financial services industry on the Consumer Financial Services Law Monitor.
Class Actions
Consumer Reporting Agencies
Users
Furnishers
Compliance Reviews
Our firm's comprehensive legal tracking service is designed to help financial institutions stay current with regulatory and legislative changes in three key areas:
Delivered directly to your inbox, these trackers include an overview of the most important changes and analyses on the potential impact to your business. A subscription to one or more trackers includes a monthly one-hour call with our attorneys, who will provide additional insights and be available to answer your questions.
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Podcasts
06.11.24
The Fair Credit Billing Act: Key Insights and Practical Tips
Consumer Financial Services Law Monitor
05.16.24
Eleventh Circuit Declines to Issue Brightline Rule that Legal Disputes are Not Actionable Under FCRA Instead Finding That Disputes Must be “Objectively and Readily Verifiable” to be Actionable
Podcasts
05.14.24
The Kirtz Decision: FCRA and Government Liability Unpacked
Podcasts
04.30.24
Resolving FCRA Disputes With e-OSCAR: Insights from Joel Strickland
Podcasts
03.12.24
Innovative Jury Strategies and the Power of Preparation
Articles + Publications
03.01.24
In Case You Missed It: Consumer Financial Services Law Monitor - February 2024 in Review