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Expert Analysis

What Really Is The FCRA's 'Willfulness' Standard?

Law360, New York (May 6, 2015, 11:28 AM EDT) -- The surge of class actions against employers for Fair Credit Reporting Act 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....

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