FCRA Case Law

Supreme Court Ruling Prompts the FTC, the Department of Justice, and the CFPB to Intervene

In May 2012, the Federal Trade Commission, the Department of Justice, and the Consumer Financial Protection Bureau intervened and filed a memorandum in support of the constitutionality of the Fair Credit Reporting Act (FCRA). The issue arose in Shamara King v. General Information Services, Inc. when the defendant, General Information Services (GIS), moved to dismiss the case; claiming that the FCRA was unconstitutional based upon the recent Supreme Court ruling in Sorrell v. IMS Health, Inc., 131 S. Ct. 2653 (2011). As the dissent in Sorrell noted, the ruling would potentially open a Pandora’s Box of First Amendment challenges pertaining to the disclosure of public information. The issue of disclosing public information is the very issue at the heart of a class action lawsuit which was filed in the U.S. District Court for the Eastern District of Pennsylvania against the credit reporting agency, GIS.