- Settled putative class actions alleging that profiles developed from public social media posts to identify passive employment candidates were “consumer reports” under the FCRA. Halvorson v. TalentBin Inc. (N.D. Cal.); Douglas v. Dice.com (Santa Clara County Superior Court).
- Settled as an individual case a putative class action alleging FCRA violations in procuring credit reports. Sion v. Sunrun Inc. (N.D. Cal.).
- Settled a putative class action alleging violations of the FCRA in obtaining consumer reports. Heaton v. Social Finance Inc. (N.D. Cal.).
- Won a motion for summary judgment for a consumer reporting agency defendant in a putative class action alleging that driving histories prepared by state departments of motor vehicles are “consumer reports” under the FCRA. Feinstein v. LexisNexis Risk Solutions (S.D. Cal.).
- Won a motion to dismiss in a putative class action alleging that a reference search function is a “consumer report” under the FCRA. Sweet v. LinkedIn Corporation (N.D. Cal.).
- Settled suits by the attorneys general of Hawaii, Mississippi, and New Mexico involving the marketing of debt cancellation agreements for credit cards. King v. Capital One Bank (USA) N.A. (D.N.M.) and others.
- Settled a class action involving procedures used in preparing criminal background screening reports. Giddiens v. LexisNexis Risk Solutions (E.D. Pa.).
- Won summary judgment for a defendant in an action alleging that a consumer reporting agency supplied a consumer report to a fraudulent debt collector. Karrigan v. DataX (N.D. Cal.).
- Settled a class action alleging misrepresentations in the marketing of mortgages. Yarger v. ING Direct (D. Del.).
- Settled a class action with a 100 million+ person class involving the characterization of reports sold by the defendant as nonconsumer reports as “consumer reports” under the FCRA. Berry v. LexisNexis Risk & Information Analytics Group (E.D. Va.).
Counsel,
- Phone: 415.243.1047
- Email: jim.mccabe@alston.com
Clients in the financial services industry rely on Jim’s acumen, gained after more than three decades of experience defending complex civil litigation, particularly with an emphasis on consumer financial products and consumer reports.