The Third Circuit’s Decision in Bibbs v. Trans Union: What it Means for Fair Credit Reporting Act Litigation

September 1, 2022
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In Bibbs, the Third Circuit ruled that in determining whether a credit report is inaccurate or misleading under the FCRA’s “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 the conversation, joined by Abigail Pressler, Of Counsel in the Group.

View a recording transcript here.

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