Home > Uncategorized > FCRA recidivism – continued

FCRA recidivism – continued

February 4, 2011

Last week, I noted that lots of FCRA cases – perhaps close to half – are filed by repeating plaintiffs, or people who’ve filed similar lawsuits before.  There’s nothing obviously wrong with that; as I noted, perhaps these repeat plaintiffs, however cynical they may be, are keeping the defendants honest.

As a follow-up, I should note a recent case in my own backyard:  Schweitzer v. Equifax Info. Servs. LLC, No. 08-478, 2010 U.S. Dist. LEXIS 99143 (Sept. 21, 2010).  In Schweitzer, a woman sued Equifax in state court, settled, and then she and her husband filed a second lawsuit that ended up in federal court here in Pittsburgh.

Long story short, the second lawsuit was thrown out because it was barred by Mrs. Schweitzer’s settlement agreement in the first suit.  Message to FCRA defense attorneys:  draft your settlement agreements to make this outcome more likely!  Message to FCRA plaintiffs and plaintiffs’ attorneys:  read your settlement agreements carefully, so that you aren’t waiving future lawsuits!

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Categories: Uncategorized
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