The Spokeo Saga Continues: Challenges with Standing, Statutory Penalties, and Liens in the FCRA Arena

October 22, 2018 4:20pm

Lisa J. Fried
Partner
Hogan Lovells US LLP (New York, NY)

Ellen B. Silverman
Consumer Financial Services Practice Group Leader
Hinshaw & Culbertson LLP (New York, NY)

Hunter R. Eley
Managing Partner
Doll Amir & Eley LLP (Los Angeles, CA)

  • Impact of the Supreme Court’s refusal to hear Spokeo for a second time after the 9th Circuit’s ruling and appeal
  • Examining the effects of Spokeo relative to statutory penalties, standing, and liens in the residential mortgage context
    • Interpreting a line of cases in New York on finding statutory penalties for failing to timely release liens
  • Analyzing case law on FCRA violations after Spokeo
    • Assessing the impact of soft pulls on credit reporting on existing borrowers in bankruptcy