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Recent Favorable Rulings in 2 Separate FCRA Cases

Posted: January 26, 2017

Berger & Montague is happy to report that the firm received two favorable opinions on Friday, January 20 in two separate FCRA cases.

Syed v. M-I, LLC

The first matter is a class case brought against M-I, a Delaware limited liability company. Plaintiffs allege that the "Pre-employment Disclosure Release" with which M-I provided them when they applied for a job with M-I failed to satisfy the disclosure requirement mandated by 15 U.S.C. § 1681b(b)(2)(A). Allegedly, M-I violated the statute when it obtained potential employees' consumer reports despite the deficient disclosure forms with which they were provided. On January 20, the Court held that a prospective employer violates 15 U.S.C. § 1681b(b)(2)(A) when they obtain a job applicant's consumer report after including a liability waiver in the same document as a statutorily mandated disclosure. The Court further found that the inclusion of a liability release is a willful violation as a matter of law.

E. Michelle Drake and John Albanese authored an amicus supporting the plaintiffs in this case on behalf of the National Consumer Law Center and the National Association of Consumer Advocates.

A copy of the opinion is available here.

In Re: Horizon Healthcare Services Inc. Data Breach Litigation

The second matter is a class case brought against Horizon Healthcare Services, Inc., a New Jersey-based company that provides health insurance products and services. Plaintiffs allege willful and negligent violations of the Fair Credit Reporting Act because Horizon inadequately protected the personal information stored on their laptops. On January 20, the Court found that an allegation of unauthorized disclosure of information in violation of the Fair Credit Reporting Act, without more, is sufficient to have alleged an injury in fact for purposes of Article III.

A copy of the opinion is available here.