James Francis

James Francis

March 14, 2024 | The Legal Intelligencer

Supreme Court Upholds Consumers' Right to Sue Federal Agencies Under the FCRA

In its recent decision in Department of Agriculture Rural Development Rural Housing Service v. Kirtz, the U.S. Supreme Court resolved a circuit split over whether federal agencies could be liable to individuals for private rights of action under the Fair Credit Reporting Act (FCRA).

By James Francis

8 minute read

September 21, 2023 | The Legal Intelligencer

2 Recent Circuit Decisions Tackle Fraud Investigations and Accuracy Standard Under the FCRA

These two recent federal appellate FCRA decisions are 2023 must-reads for anyone in the fair credit reporting litigation space, and will likely play out for many years.

By James Francis

9 minute read

January 05, 2023 | The Legal Intelligencer

2 Recent CFPB Reports Confirm Widespread Problems With Tenant Background Checks

The two reports, one concerning consumers' complaints about tenant background checks and the other concerning the tenant screening industry, found that the data in tenant background checks can be wildly inaccurate or incomplete and difficult for consumers to dispute and correct.

By James Francis

10 minute read

October 13, 2022 | The Legal Intelligencer

CFPB's Recent Interpretive Rule Encourages States to Enact Fair Credit Reporting Laws

In its interpretive rule, the CFPB endorsed states' abilities to enact their own fair credit reporting laws to protect their residents.

By James Francis

8 minute read

August 21, 2020 | Law.com

Law in the Time of COVID: How A Former Federal Judge-Turned-Mediator Is Making It Work (From Home)

In the second installment of the new Law.com series "Law in the Time of COVID: How Are You Making It Work (From Home)?" Retired Magistrate Judge James Francis IV of the Southern District of New York, who is now a JAMS mediator shares how he spends a typical day working from home alongside his family.

By James Francis IV

6 minute read

February 13, 2019 | New York Law Journal

Rule 68 Does Limit Exposure but Isn't as Broad as Column Suggests

A full evaluation of the impact of Rule 68 on a defendant's exposure in a case involving statutory fee-shifting requires analysis of whether the statute at issue characterizes attorneys' fees as a part of the costs.

By James Francis

4 minute read