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FACTA

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9th Cir. Says FACTA Violation on Receipt Does Not Confer Art. III Standing without Concrete Injury Being Fairly Traceable; And, 9th. Cir. Wasn’t Buying Traceability

by Scott J. Hyman |

In Daniel v. National Park Service, 2018 WL 2424494 (9th Cir. 2018), the Court of Appeals for the Ninth Circuit again addressed the impact of Spokeo within the context of a FACTA-receipt case.  The Court found that not only must a concrete injury be pleaded, but the injury must be fairly traceable to the violation. We recently considered whether “receiving… Read More

9th Cir. Says Bald FACTA Violation Was Insufficient to Confer Spokeo Standing

by Scott J. Hyman |

In Bassett v. ABM Parking Services, Inc., 2018 WL 987954, at *5–6 (C.A.9 (Wash.), 2018), the 9th Circuit found no Spokeo standing for a bald FACTA violation. Bassett's argument that Congress “created a substantive right that is invaded by a statutory violation” is unconvincing because it depends entirely on the framing of the right. One could fairly characterize the “right”… Read More

District Court (Cal.) Finds FACTA/FCRA Provides No Right to Contribution/Indemnity

by Scott J. Hyman |

In Gonzalez v. Harris Farms, Inc., 2014 WL 6981429 (E.D.Cal. 2014), Judge O'Neill dismissed a cross-complaint for indemnity arising out of a purported FACTA violation. On December 4, 2013, Plaintiff Jose Gonzalez (“Gonzalez”) brought an action on behalf of himself and all others similarly situated in the Superior Court of the State of California, County of Fresno against Harris Farms, the owners… Read More

9th Cir. Finds No Class Action Due to Questions of Whether the Transaction was for Personal or Business Purposes

by Scott J. Hyman |

In Martin v. Pacific Parking Systems Inc., --- Fed.Appx. ----, 2014 WL 3686135 (9th Cir. 2014), the Court of Appeals for the Ninth Circuit affirmed a denial of class certification in a FACTA—credit card digits truncation case that a class could not be certified because it could not be determined whether the cards used were consumer or business cards. The… Read More

Inter-Agency Rule Issued Defining “Accuracy” and “Integrity” for Furnishers of Credit Information

by Scott J. Hyman |

On July 1, and effective July 1, 2010, July 1, 2009 Inter-agency FACTA Rule 974 Fed. Reg. 31484 (2009) was issued defining the obligations imposed on furnishers of credit reporting information.   The history behind the July 1, 2009 Inter-Agency Rule is as follows. FACTA and Implementing Regulations   On December 4, 2003, Congress passed the Fair and Accurate Transactions Act, which amended the… Read More