Class action lawsuit filed against Acumen Fiscal Agent, LLC

September 29, 2016

On September 27, 2016, McRae Bertschi LLC filed a class action lawsuit against Acumen Fiscal Agent, LLC on behalf of Ms. Lucinta Toney and all others similarly situated.  The suit alleges that Acumen violated Ms. Toney's rights under the Fair Credit Reporting Act by denying her employment based on the contents of a background check and without complying with the requirements of 15 USC 1681b(b)(3).  The suit seeks the certification of a nationwide class and the recovery of statutory damages, punitives damages and attorneys fees.  If you would like additional information regarding this case or believe you have a claim against Acumen Fiscal Agent, LLC, please contact Lead Counsel for the Plaintiff, Mr. Craig Bertschi, at 678.999.1102. 


Class action lawsuit filed against Hercules Pharmaceuticals, Inc.

August 31, 2016

Today, McRae Bertschi LLC filed a class action lawsuit against Hercules Pharmaceuticals, Inc. on behalf of an independent pharamacy known as Jackson Discount Drugs, Inc., and all others similarly situated.  The suit was filed in the United States District Court for the Middle District of Alabama and asserts claims for violations of the Telephone Consumer Protection Act.  The Complaint alleges that Hercules sent unsolicited or "SPAM" fax transmissions in violation of 47 USC 227(b).  If you would like further information regarding this case or have received an unsolicited fax advertisement and believe you may have a claim under the Telephone Consumer Protection Action, please contact Mr. Craig Bertschi at 678.999.1102.


 Class Action lawsuit filed against Corus360 LTD, LLC

July 19, 2016

Today, McRae Bertschi filed a class action lawsuit against Corus360 LTD, LLC asserting claims for violations of the Fair Credit Reporting Act on behalf of its client, Austin Smith and all others similarly situated.  As alleged in the Complaint, Corus360 is a staffing agency that provides permanent and temporary employees to technology firms.  Corus360 is alleged to have violated employees' and prospective empolyees' rights by failing to comply with 15 USC 1681b(b)(3) when using background checks to deny employment.  The Complaint was filed in the United States District Court for the Northern District of Georgia and seeks the certification of a nationwide class, statutory damages, punitive damages and attorneys fees.  For further information regarding the case or if you have been denied employment based on a background check, please contact Mr. Craig E. Bertschi at 678.999.1102. 


Judge Shoob Holds Georgia’s Post-Judgment Garnishment Statute Unconstitutional …

In a decision that may have taken some people by surprise, including most of the debt collectors in Georgia, a federal judge in Atlanta, the Hon. Marvin Shoob, has held that Georgia’s


The Shady Grove chickens come home to roost …

The class action bar knew it was just a matter of time before the Supreme Court’s decision in Shady Grove Orthopedic Associates, P.A. v. Allstate Ins. Co., 559 U.S.393 (2010) began having an


Insurer rolls the dice on an FCRA class action … and loses

Insurers hate Fair Credit Reporting Act litigation, particularly class actions. Over the last 5 – 7 years, there has been an avalanche of these cases, resulting in significant settlements


New FCRA Summary of Rights from the CFPB ...

A tip of the hat to Larry Henry for pointing out that the CFPB has changed/updated its FCRA Summary of Rights form. You can find the new formhere.


Overtime for contract lawyers? Maybe so.

Late July is the perfect time for a Big Law managing partner to go on vacation. The compensation battles are still months away. The end-of-year A/R collections push doesn't start until the 4th


The CFPB releases its “Naughty List”

Last week, the Consumer Financial Protection Bureau (“CFPB”) released its first ever “Monthly Complaint Report” in which it provides statistical information regarding


Criminal Records in Colonial America

I admit to being a bit of a history buff. So, when I found myself in Boston last week, I decided to take a tour that focused on Boston’s colonial past and the American Revolution. To my great


Think the CFPB is a problem? Imagine if a jury had heard this …

Last Thursday, the Consumer Financial Protection Bureau announced an enforcement action against a medical debt collector named Syndicated Office Systems, LLC. Among other things, the CFPB alleges


The FCRA comes to Georgia state courts, sort of …

In less than a month, you can add Georgia to the list of states where claims against background screening companies can be asserted in state court. In this year’s legislative session, the


Thoughts on NYC's ban on credit checks for employment purposes

In case you haven’t heard, New York City has, with some notable exceptions, banned the use of credit reports for employment screening purposes. The ban goes into effect in less than two


FCRA Disclosure Claims: The Next Big Thing

Over the last 10 years, I’ve reviewed a lot of FCRA disclosure forms. Generally speaking, the forms in use today are much better (read more compliant) than the forms that were circulating


FCRA Protection for Military Families

Craig E. Bertschi, Partner – McRae Bertschi LLC Generally speaking, I have a laissez-faire attitude when it comes to legislation and business regulations. However, I’ve recently become


Spokeo Redux: The 2d Circuit had it right 20 years ago

This morning, we were cleaning out some old, really old, desk files. If you look closely at the attached picture, you can even see some onion skin, legal-sized paper among the debris. In the files


The Supreme Court and Spokeo: Much Ado About Nothing

Since April 27, a lot of digital ink has been spilled over the Supreme Court's decision to grant certiorari in the Spokeo case. Pundits are predicting the demise of the consumer class-action when