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Financial Services Law Insights and Observations

Credit Reporting Agency Assessed Damages of $60 Million for FCRA Violations

Courts Fair Credit Reporting Act Department of Treasury OFAC

Courts

On June 20, a federal jury found that a major international credit reporting agency had violated the Fair Credit Reporting Act (FCRA), awarding damages of $60 million. When performing credit checks, the agency allegedly had failed to distinguish law-abiding citizens from drug traffickers, terrorists, and other criminals with similar names found on the Treasury Department’s Office of Foreign Assets Control database, sometimes confusing plaintiffs with individuals on the watch list. The jury determined that the company (i) “willfully fail[ed] to follow reasonable procedures to assure the maximum possible accuracy of the OFAC information it associated with members of the class’’; (ii) “willfully failed to clearly and accurately disclose OFAC information in the written disclosures it sent to members of the class”; and (iii) “failed to provide class members a summary of their FCRA rights with each written disclosure made to them.” The class members were awarded just under the maximum for statutory damages, in addition to punitive damages of more than six times the statutory amount.

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