by Robert T. Quackenboss, Lukas Moffett - The National Law Review

Of the many class action-related decisions from the last year, two courts issued holdings that are particularly relevant to defending against class action lawsuits (particularly in the context of the Fair Credit Reporting Act (FCRA)).

Davis v. Universal Prot. Services, LLC, No. 20-CV-01758, United States District Court for the Eastern District of Pennsylvania:

In Davis, the plaintiff (and putative class) alleged that the defendant violated the FCRA by (1) procuring a criminal background check on her; (2) relying on the contents of the criminal background check; and (3) failing to provide her FCRA-compliant notice prior to determining that she was ineligible for employment. The plaintiff alleged that the defendant’s failure to provide FCRA-compliant notice caused her harm by preventing her from challenging and/or having a meaningful discussion about the contents of her criminal background check report.