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Third Circuit Rejects Plaintiffs Disclosure-Based FCRA Class Claim on Spokeo Grounds

The Court of Appeals ruled that a group of plaintiffs lacked standing to assert claims brought under the Fair Credit Reporting Act (FCRA) in Long v. Southeastern Pennsylvania Transportation Authority. The plaintiffs in the case alleged that SEPTA violated the FCRAs pre-adverse action notice provision by terminating their employment without first providing them with a copy of their background reports and information about their rights under the FCRA. While the Third Circuit agreed that the plaintiffs had a right to see the background reports, it ruled that the plaintiffs lacked standing for the second alleged violation.

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