A Law 360 story (paywall) reported on a new Lex Machina study showing “litigation under the FCRA has soared, with claims nearly tripling over the last decade and peaking at 4,363 in 2020.” The ever-increasing claims by plaintiff attorneys under the FCRA are not a surprise since the statute incentivizes litigation. Unlike other federal consumer protection laws, the FCRA has no cap on class action damages. A public site graphically illustrates the steady upturn in FCRA litigation.
Eric J. Ellman is Senior Vice President for Public Policy and Legal Affairs at the Consumer Data Industry Association (CDIA) in Washington, DC. He also served for eight months as Interim President and CEO of the Association. More