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Financial Services Law Insights and Observations

Court approves 1.8 million FCRA class action settlement with national bank

Courts FCRA Bankruptcy Settlement Class Action

Courts

On August 16, the U.S. District Court for the Northern District of California approved a $1.8 million class action settlement resolving allegations that a national bank’s soft credit report inquiries were not permitted under the Fair Credit Reporting Act (FCRA). In 2015, a consumer filed the class action complaint alleging that the bank pulled his credit information without consent following a bankruptcy. The consumer alleged that because his debts to the bank had been discharged, the bank did not have a “permissible purpose” to pull the credit information. The approved settlement covers 114,512 claimants, who state their credit reports were accessed without permission by the bank, and grants each claimant $4.06. The settlement also requires the bank to pay attorneys’ fees and litigation costs for the plaintiff.