This Week At The Ninth: Credit Reports And Public Unions

This week, the Ninth Circuit addresses the standards for liability under the Fair Credit Reporting Act and rebuffs a pre-enforcement First Amendment challenge to a state law concerning public unions.

GABRIEL MORAN V. THE SCREENING PROS, LLC

The Court holds that a credit reporting agency's erroneous interpretation of the Fair Credit Reporting Act as allowing the reporting of a criminal charge that was filed outside of, but dismissed within, the statute's seven-year window, was not negligent.

Panel: Judges Berzon, Bea, and Bennett (D. Md.), with Judge Bea writing the opinion.

Key Highlight: "We cannot say, nor could any other reasonable fact finder, that on this record Defendant's violation of [the FCRA] was negligent, much less willful."