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Dutta: The Ninth Circuit Strikes Another Blow to FCRA Plaintiffs

August 17, 2018

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Bryan Cave Leighton Paisner

Dutta: The Ninth Circuit Strikes Another Blow to FCRA Plaintiffs

August 17, 2018

by: Bryan Cave Leighton Paisner

On July 13, 2018, in Dutta v. State Farm Mutual Automobile Insurance Company, 895 F.3d 1166 (9th Cir. 2018), the United States Court of Appeals for the Ninth Circuit affirmed summary judgment against a plaintiff that lacked Article III standing to assert a claim under the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (“FCRA”).

The Ninth Circuit relied on Spokeo,

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FinCEN’s Beneficial Owner Proposal Conflicts with FCRA

April 2, 2015

Authors

Bryan Cave Leighton Paisner

FinCEN’s Beneficial Owner Proposal Conflicts with FCRA

April 2, 2015

by: Bryan Cave Leighton Paisner

On August 4, 2014, FinCEN released proposed rules that would require banks and certain other financial institutions to identify the “beneficial owners” of their business entity customers and to verify the identity of each such beneficial owner (the “Proposal”).  If the Proposal results in final rules that are substantially identical to the proposed rules, financial institutions might be unable to comply without violating the federal Fair Credit Reporting Act (“FCRA”).

Under the Proposal, “beneficial owners” would generally include at least one manager of the entity and each individual owning 25% or more of the entity.  This could mean up to

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