Ninth Circuit Reverses District Court Finding Regarding FCRA Violations
Tags : FCRA Compliance
In Bultemeyer v. CenturyLink, Inc., the Ninth Circuit U.S. Court of Appeals reversed an earlier decision by the District Court which had determined that the plaintiff lacked Article III standing to file suit, alleging Fair Credit Reporting Act (FCRA) violations were committed by the defendant.
In this case, the plaintiff claimed that the defendant violated FCRA regulations by obtaining her credit report without a permissible purpose and without required authorization. Originally, it was determined by the District Court that the plaintiff failed to sufficiently demonstrate a concrete injury in order to satisfy Article III standing under Spokeo. As such, the District Court dismissed the claim, contending that the defendant did nothing harmful to the plaintiff with the information and that the plaintiff's allegations were only that of "a bare procedural violation without identifying any concrete harm."
Conversely, the Ninth Circuit held that section 1681b(f)(1) of the FCRA "protects the consumer's substantive privacy interest" by prohibiting third parties from "obtaining a credit report for a purpose not otherwise authorized." The Ninth Circuit added that because any violation of this section "offends the interest that the statute protects," a plaintiff "has standing to vindicate her right to privacy under the FCRA when a third-party obtains her credit report without a purpose authorized by the statute, regardless of whether the credit report is published or otherwise used by that third-party." Ultimately, the Ninth Circuit found that the plaintiff's allegation did meet the threshold to establish Article III standing. As such, the District Court decision was reversed.
Posted: February 19, 2020
All Rights Reserved © 2020 Business Information Group, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
We cannot express enough how much we have enjoyed working with BIG! It has really benefitted our processing and ease of doing business!
I enjoy collaborating with BIG, and know that if I have to reach out with a question/concern, a positive attitude with a willingness to find resolve is on the other side of an email or a phone call.
You have been the most professional and most helpful business partner that I have ever been associated with — always there to assist us and with rapid turnaround times.
I am confident whenever we add a product with your company that I will have a good experience.
We have received superior service and we know this is what you and your team strive for. We are grateful for the dedication, level of professionalism and effort shown.