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Fair Credit Reporting Act

THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, discuss and interpret provisions of the Fair Credit Reporting Act. The selection of decisions spans from 2008 to the date of publication. The FCRA regulates the collection and dissemination of certain consumer data bearing on credit eligibility. Its protections are focused on the sale of "consumer reports" — communications (1) containing information related to any one of seven specific consumer characteristics (including credit standing and worthiness and other personal information), which are (2) prepared to assist buyers in making certain eligibility determinations, including credit eligibility. 15 U.S.C. § 1681a(d). Berry v. Schulman, 807 F. 3d 600 (4th Cir. 2015). The Act imposes various obligations on "consumer reporting agencies" — companies that regularly prepare "consumer reports," 15 U.S.C. § 1681a(f) — and provides a wide panoply of protections for consumers. For example, consumer reports may be furnished only for certain uses, such as credit transactions. Id. at § 1681b(a)(3)(A). Consumers are given the right to view the information in their files, id. at § 1681g(a)(1), and if they dispute the information they find, the consumer reporting agency must conduct a reasonable investigation into the information's accuracy, id. at § 1681i(a)(1)(A). None of those protections applies, however, unless and until a "consumer report" has been issued. Berry v. Schulman, ibid. The FCRA provides a private right of action against those who violate its statutory requirements in procuring and using consumer reports. The affected consumer is entitled to actual damages for a negligent violation. 15 U.S.C. § 1681o. For a willful violation, however, a consumer may recover statutory damages ranging from $100 to $1,000, punitive damages, and attorney's fees and costs. 15 U.S.C. § 1681n. Syed v. MI, LLC, 846 F. 3d 1034 (9th Cir. 2017).