Litigating & Defending FCRA Claims 2017

The more than 40 years since the enactment of the Fair Credit Reporting Act (FCRA) have brought major changes to the consumer credit industry.  The purposes of FCRA were to ensure accurate and fair credit reporting, an efficient banking system, and consumer privacy.  While initially FCRA governed consumer reporting agencies, its scope has expanded significantly over the last four decades to now impose requirements and prohibitions on a wide range of parties, including merchants, collection agencies, employers, and furnishers of credit information.  In recent years, there has been a marked increase in FCRA-based litigation, including in putative class actions.  Our presenters will provide an overview of FCRA’s major provisions and discuss recent developments in class litigation under it with perspective from both the plaintiff’s and defendant’s side.  In addition, the webinar will discuss the recent wave of litigation against employers relating to the use of background checks to make hiring and personnel decisions, and identify opportunities for employers to fortify FCRA compliance in order to mitigate FCRA risk.

Faculty:

Joseph Liburt is a Silicon Valley partner in Orrick's Employment Law and Litigation group.    Chambers USA has consistently recognized Joe as a top employment litigator. Joe has more than 20 years of experience representing standout companies such as Apple, Sears and Microsoft in their most challenging and complex employment matters.

Most recently, Joe was trial counsel on the team that obtained a complete defense verdict in Pao v. Kleiner Perkins, the high-stakes gender discrimination and retaliation case that garnered intense national media scrutiny.

Mark S. Greenstone, of Glancy, Prongay and Murray LLP, specializes in consumer, financial fraud and employment-related class actions. Possessing significant law and motion and trial experience, Mr. Greenstone has represented clients in multi-million dollar disputes in California state and federal courts, as well as the Court of Federal Claims in Washington, D.C.