Akin Gump Lawyers Analyze the FCRA’s “Willfulness” Standard in Recent Article

Jun 24, 2015

Reading Time : 1 min

Akin Gump Partner Gary McLaughlin and Counsel Galit Knotz have written an article titled “What Really Is the FCRA’s ‘Willfulness’ Standard?” recently published by Law360. With a discussion of the Fair Credit Reporting Act (FCRA) requirements and liability for employers, the article also explores the interpretation of “willfulness” and provides guidance to employers facing potential FCRA litigation.

The article notes that the surge of class actions against employers for FCRA violations is largely due to the availability of statutory damages that can reach up to $1,000 per class member where “willfulness” is shown, even where no injury exists. At the same time, district courts are beginning to provide guidance on the nuanced issues these lawsuits raise, with a number of recent decisions treating FCRA willfulness as a question of law in class actions against employers. An understanding of these decisions will aid employers in reviewing their compliance with FCRA obligations and in forming their litigation strategy.

To read the full article, please click here.

Share This Insight

Categories

Previous Entries

Akin Deal Diary

April 12, 2023

Read More

Akin Deal Diary

2022-12-15

On December 14, 2022, the Securities and Exchange Commission (SEC) adopted amendments regarding Rule 10b5-1 insider trading plans and related disclosures. The amendments aim to strengthen investor protections concerning insider trading and to help shareholders understand when and how insiders are trading in securities for which they may at times have material nonpublic information (MNPI). In light of these amendments, issuers should review and revise, if needed, their insider trading policies and equity grant policies.

Read more.

...

Read More

© 2024 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.