Podcast: The Third Circuit’s decision and what it means for FCRA litigation

Excerpted from a Ballard Spahr LLP Blog by Barbara S. Mishkin

In Bibbs v. Trans Union, the Third Circuit ruled that in determining whether a credit report is inaccurate or misleading under the Fair Credit Reporting Act’s (FCRA) “maximum possible accuracy” requirement, a district court should apply a “reasonable reader” standard.

After reviewing the background of Bibbs, we discuss the analysis that Bibbs requires a district court to perform in determining whether a credit report is inaccurate or misleading, how Bibbs broadly undercuts the claims of plaintiff’s lawyers in FCRA cases alleging pay status information is misleading, Bibbs’ implications for data furnishers that follow Metro 2 guidelines or other industry standards, and Bibbs’ impact on defendants’ litigation strategy and the threat of plaintiffs’ attorney fees.

Dan McKenna, Co-Chair of Ballard Spahr’s Consumer Financial Services Group, hosts this podcast conversation, joined by Abigail Pressler, Of Counsel in the Group.

To listen to the episode, click here.