Galit Knotz Authors Article for Law360 on Fair Credit Reporting Act’s “Willfulness” Standard
Law360 has published the article “What Really Is The FCRA’s ‘Willfulness’ Standard?” written by Galit Knotz, counsel in the labor and employment practice at Akin Gump.
The article notes there has been a surge of class actions against employers for Fair Credit Reporting Act (FCRA) violations, largely due to the availability of statutory damages that can reach up to $1000 per class member where “willfulness” is shown, even where no injury exists. At the same time, Knotz writes, district courts are beginning to provide guidance on the issues these lawsuits raise, with several recent decisions treating FCRA willfulness as a question of law in class actions against employers.
In the article, Knotz examines the significance of these recent district court decisions and provides an understanding of how they will aid employers in reviewing their compliance with FCRA obligations and in forming their litigation strategy. She also provides employers with some strategies.
To read the full article, please click here.