OVERVIEW OF FAIR CREDIT REPORTING ACT AND CASE LAW UPDATE
There has been a consistent increase in Fair Credit Reporting Act (“FCRA”) litigation in recent years despite an overall decline in lawsuits filed pursuant to other consumer protection statutes. Most consumer protection counsel will frequently find themselves handling an FCRA claim or being asked whether one exists. This paper provides an overview of the FCRA along with recent trends and theories of liability under the statute. It begins with a discussion of the origin of the FCRA and its key amendments, includes a review of the most frequently cited provisions under the statute, and concludes with a case law update.