In its 2016 decision in Spokeo v. Robins, the U.S. Supreme Court held that a plaintiff alleging a Fair Credit Reporting Act violation does not have standing under Article III of the U.S. Constitution to sue for statutory damages in federal court unless the plaintiff can show that he or she suffered “concrete,” “real” harm as a result of the violation.… Continue Reading
The U.S. Court of Appeals for the Third Circuit recently ruled that the application of Pennsylvania usury laws to auto title loans made to Pennsylvania residents who travel outside of Pennsylvania to obtain such loans does not violate the Commerce Clause of the U.S. Constitution. The decision could have significant implications for all providers of consumer credit whose operations involve cross-border lending.… Continue Reading
The Supreme Court has granted certiorari to review a $40 million class action trial judgment for statutory and punitive damages under the Fair Credit Reporting Act, and its forthcoming decision later this Term will likely be the Supreme Court’s most important ruling in the consumer financial services space since its 2016 ruling in Spokeo, Inc.… Continue Reading
In Johnson v. NPAS Solutions, LLC, 2020 U.S. App. LEXIS 29682, 2020 WL 5553312 (11th Cir. Sept. 17, 2020), a panel of the Eleventh Circuit Court of Appeals ruled 2-1 that incentive awards to class representatives are impermissible.