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Jones Day FCRA Lawsuit: Could Credit Reporting Clients Join This Class Action?

No, you cannot join the Jones Day FCRA lawsuit at this time. The Fair Credit Reporting Act, the federal law controlling credit-report access, is at issue in only a proposed class case. The New York Law Journal reports that New Yorker Shmuel Levy filed the complaint in New York Supreme Court against Jones Day and LexisNexis lawsuit filing details. The suit alleges Jones Day unlawfully obtained his credit and driving records and that LexisNexis unlawfully provided them.

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What the case alleges

The New York Law Journal report describes claims against the firm that allegedly obtained the records and the provider that allegedly supplied them. Jones Day faces allegations for obtaining the information. LexisNexis faces allegations for providing it.

A consumer report may be furnished only in listed circumstances and no other, states the Cornell Law School Legal Information Institute federal permissible-purpose rule. That limit is the core of many no-permissible-purpose cases. This case will turn on whether any listed reason covered these pulls.

Could other consumers join later?

This case began as a putative class action. That term means one plaintiff asks to represent a larger group. No court has decided liability or certified who may join or recover.

If a judge later certifies a class, only people matching the approved definition could take part. Clients of credit-report sellers do not qualify by that fact alone. The test will be whether their own reports were obtained the same allegedly unlawful way.

What could these laws pay?

A willful violation allows actual damages or $100 to $1,000 in statutory damages, states the Cornell Law School Legal Information Institute FCRA willful-violation damages rule. It also allows punitive damages, costs and attorney's fees. The plaintiff must still prove willfulness.

People whose motor-vehicle information was knowingly obtained for an impermissible purpose may sue in federal court, states the Cornell Law School Legal Information Institute DPPA lawsuit rights and damages rule. That suit may award actual damages of at least $2,500 in liquidated damages. It may also award punitive damages for willful or reckless disregard, plus attorney's fees and equitable relief.

What should you do now?

There is no claim form to file today. Courts have not set deadlines, eligibility or payments.

Do not assume a law firm client relationship gives you a share. Only a certified class definition or settlement will create rights to join. Check any future notice against your own inquiry history before acting.

  • Save any notice that your report was pulled
  • Get your credit disclosures and note unknown inquiries
  • Keep records of calls, denials or costs tied to a pull
  • Watch the court docket for certification or settlement news

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