will likely continue to shape the landscape of this burgeoning area of law for years to come. Notably, in addition to the FCRA, several states have enacted their own “mini” consumer credit reporting laws, including Arizona, California, Colorado, Connecticut, Florida, Georgia, Illinois, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Texas, Vermont, Virginia, and Washington. While some closely track the FCRA, others impose additional requirements and stricter standards upon both employers and the consumer reporting agencies they utilize. The Fair Debt Collection Practices Act (FDCPA), on the other hand, is the main federal law that governs debt collection practices. The FDCPA prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts. The FDCPA covers the collection of debts that are primarily for personal, family, or household purposes. Under the FDCPA, debt collectors can include collection agencies, debt buyers, and lawyers. Any FDCPA-covered debt collector who contacts an individual is required to inform that person of certain information about its business and attendant services. The FDCPA imposes limits on when debt collectors may contact individuals, the way they can initiate contact, including prohibitions against harassment or intimidation, and further requires that debt collectors offer an opt-out mechanism. Given this background, significant decisions in 2024 can be grouped into several categories, which are discussed in turn below, including: (i) FCRA rulings over the provision of allegedly inaccurate or incomplete reports; (ii) key FCRA class certification rulings (including orders granting, denying, and remanding certification); (iii) key FACTA rulings; and (iv) key FDCPA rulings. Notably, courts in 2024 granted motions for class certification in 38% of FCRA/FACTA/FDCPA actions. This was a significant decrease from 2023, when plaintiffs’ success rate was 75%.
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© Duane Morris LLP 2025
FCRA Class Action Review – 2025
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