Split 9th Circ. Says Capital One Must Face FCRA Class Action

By Mike LaSusa (October 31, 2019, 11:02 PM EDT) -- A split Ninth Circuit panel published a decision Thursday reviving putative class action claims that Capital One checked credit histories without a valid reason under the Fair Credit Reporting Act, though one judge said the lead plaintiff hadn't laid out a sufficiently plausible case.

U.S. Circuit Judge Johnnie B. Rawlinson agreed with the panel's other two judges, who said a lower court was wrong to say plaintiff Freshta Nayab didn't have standing to pursue her case against Capital One Bank NA.

Capital One had argued that Nayab didn't suffer any injury from the financial giant's allegedly unauthorized inquiries about her credit....

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