By Gerald L. Maatman, Jr. and Jennifer A. Riley
Duane Morris Takeaway: Courts have often noted that Fair Credit Reporting Act (FCRA) violations lend themselves to resolution through class action litigation, and FCRA class actions have increased partially because of the Fair and Accurate Credit Transactions Act (FACTA) amendments, passed in 2003. In 2024, in FCRA cases, the class action plaintiff’s bar continued to look for any technical failure of an employer to provide disclosures or obtain proper authorization from an applicant. Of note, although these authorization and disclosure requirements may appear to be relatively straightforward, case law has created additional requirements separate and distinct from the plain statutory requirements, which may not be obvious from a plain and ordinary reading of the FCRA alone.
To that end, the class action team at Duane Morris is pleased to present the inaugural edition of the FCRA Class Action Review. We hope it will demystify some of the complexities of FCRA, FACTA, and Fair Debt Collection Practices Act (FDCPA) class action litigation and keep corporate counsel updated on the ever-evolving nuances of these issues. We hope this book – manifesting the collective experience and expertise of our class action defense group – will assist our clients by identifying developing trends in the case law and offering practical approaches in dealing with these types of class action litigation.
Click here to bookmark or download a copy of the Duane Morris FCRA Class Action Review – 2025 eBook.
Stay tuned for more FCRA/FACTA/FDCPA class action analysis coming soon on our weekly podcast, the Class Action Weekly Wire.