Fifth Circuit Court of Appeals Holds Fair Credit Reporting Act Suit Time Barred

Fifth Circuit Court of Appeals Holds Fair Credit Reporting Act Suit Time Barred

In Mack v. Equable Ascent Financial, L.L.C., the Fifth Circuit ruled the consumer’s suit was barred under the Fair Credit Reporting Act’s two-year statute of limitations.  Rejecting the plaintiff’s claim that the statute does not begin to run when the consumer discovers the facts that constitute the legal violation, the Court of Appeals held that the limitations period begins to run when a claimant discovers facts that give rise to the claim.

Swift Transportation Company, Background Checks and the FCRA

There’s already been quite a bit of media attention around the fact that Swift Transportation Company (Swift) agreed to a $4.4 million settlement to settle a class action lawsuit which alleged that the company failed to inform job applicants about their rights under the Fair Credit Reporting Act (FCRA) as well as their alleged failure to follow the FCRA in other respects.