The Truth About FACTA-Not As Simple As It Seems
Tuesday 6 May 2008
Since the Fair and Accurate Credit Transactions Act of 2003 (FACTA) went into full effect in December 2006, lawsuits have been filed against more than 300 companies for violating this key provision of the Fair Credit Reporting Act (FCRA). These suits, which seek relief on behalf of classes of consumers, expose defendants to the risk of potentially ruinous statutory penalties. While the requirements of FACTA may seem simple, the reality is that hundreds of companies have found themselves defending lawsuits on behalf of consumer classes that seek damages-between $100 and $1,000 per affected consumer.
During this web conference, litigation partners John Nadolenco and Lucia Nale discussed FACTA and the implications of this explosion of suits. Specific topics included:
- The current state of class-certification decisions, including an analysis of whether courts should consider potentially-annihilating damages when ruling on motions to certify
- Whether FACTA's provisions do-or should-apply to online retailers
- How merits issues have played out, including the evidence plaintiffs try to obtain in their attempts to show "willful" violations under FCRA.