Litigation Under the Fair Credit Reporting Act: Failure to Investigate Claims, Compliance Pitfalls, and Defense Strategies

James A. Francis | Francis Mailman Soumilas, P.C

Jim Francis co-founded FMS in 1998 with the goal of creating a law firm dedicated exclusively to consumer rights litigation. Since then, he and the firm have consistently achieved ground-breaking results and cutting-edge legal rulings. He was trial and appellate counsel in Ramirez v. Trans Union, LLC, a case that obtained a record $60 million dollar verdict for a case brought under the Fair Credit Reporting Act. In 2009, Jim argued the seminal FCRA case of Cortez v. Trans Union, LLC before the Third Circuit Court of Appeals. He has been appointed to serve as class counsel by federal courts all over the country in over 70 cases.

In 2004, Jim was the youngest lawyer to be ranked a Top 100 Super Lawyer in Pennsylvania in Philadelphia Magazine and Pennsylvania Super Lawyers magazine. He has been ranked a Top 100 Superlawyer for Pennsylvania and Philadelphia many times since, including in 2024. In 2014, Jim was selected as one of a small group of national plaintiffs’ lawyers to be profiled in Law 360’s Titans of the Plaintiff’s Bar series. In the same year, he was awarded the Equal Justice Award by Community Legal Services of Philadelphia.

In 2023, Jim was elected as a Fellow of the American College of Consumer Financial Services Lawyers.

Jim regularly lectures for continuing legal education programs, law schools and community groups throughout the country, and has been a regular speaker for the National Association of Consumer Advocates (NACA) and National Consumer Law Center (NCLC) for over 20 years. He has appeared on various news programs including the Today Show and PBS NewsHour to discuss consumer-related issues. He was featured in The Philadelphia Inquirer’s biographical “Question & Answer” segment in February of 2009.

Prior to forming FMS and after graduating from law school, Jim was an associate with Kolsby, Gordon, Robin, Shore & Rothweiler in Philadelphia.

Genevieve M. Murphy – Bradacs | Epstein Becker & Green, P.C.

Attorney Genevieve Murphy-Bradacs offers practical advice and common-sense solutions to assist employers and HR professionals in tackling day-to-day employment and complex compliance issues.

Clients depend on Genevieve to provide counsel on a broad array of employment-related matters to help them navigate a constantly changing landscape of state and local employment laws. They also turn to her for assistance in reviewing and drafting employment policies and agreements. She routinely assists clients with handbook audits to ensure compliance with applicable law, including state and local sick leave and leaves of absence laws.

Relying on her detailed knowledge of federal and state consumer protection laws and state and local fair chance and credit check laws, Genevieve regularly counsels’ clients on the ins and outs of conducting compliant background screening. She also counsels’ clients on practically and effectively using background screening in employment decision-making while minimizing potential risks.

Genevieve also conducts training for employers, including anti-harassment training and training on issues such as workplace accommodations, and is a frequent presenter of continuing legal education webinars.

Before joining Epstein Becker Green, Genevieve was an attorney at a regional law firm where she focused on traditional labor law, employment law, and general litigation, including appellate practice, where she represented public and private sector labor organizations, employers in non-union settings, and individuals. Prior to entering private practice, Genevieve served as a law clerk to the Honorable Francine A. Schott (Ret.) of the New Jersey Superior Court, Civil Division, Essex Vicinage.

Corey M. Scher | Fox Rothschild LLP

A member of the firm’s Litigation Department, Corey represents a diverse range of clients in matters involving fiduciary duty disputes, consumer protection violations and employment litigation. His fiduciary duty includes litigating shareholder disputes, fraud claims, breaches of the duties of loyalty and care, Caremark claims, restrictive covenant and trade secret matters, breach of contract actions and related issues.

In the consumer financial services arena, Corey defends creditors and other businesses in single-plaintiff and class action suits brought under the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Telephone Consumer Protection Act, and other federal and state consumer protection statutes. He has authored numerous articles and blog posts exploring the intersection of consumer finance, health care and cannabis, including the firm’s blogs, Health Care Law Matters and In the Weeds.

In his employment practice, Corey counsels and defends employers in cases involving discrimination, retaliation, harassment, wage-and-hour disputes and ERISA claims.

I. Synopsis of entities regulated by the FCRA that are subject to a duty to investigate disputes from consumers | 1:00pm – 1:15pm

II. What is a furnisher of information, and when are they required to investigate disputes from consumers? | 1:15pm – 1:30pm

III. What determines whether the furnisher’s investigation is reasonable? | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. How does communication from the consumer reporting agency and its duty to investigate affect or implicate the duty of the furnisher? | 2:10pm – 2:25pm

V. Common pitfalls leading to “failure to investigate” claims and how to mitigate risk | 2:25pm – 2:50pm

VI. Practical defense strategies and compliance best practices for responding to consumer disputes | 2:50pm – 3:10pm