Case Law

Ballard v. Pac Logistics Corp., 2019 U.S. Dist LEXIS 62121

The Court in Ballard v. Pac Logistics Corp., 2019 U.S. Dist LEXIS 62121 opined "Plaintiff is entitled to $10,000 in statutory damages per violation if he prevails. See Cal. Civ. Code § 1786.50(a)(1).4 Plaintiff has sufficiently pleaded damages to recover as an individual."

What this means for the consumer is that if there is multiple violations in the procurement or preparation of an investigative consumer report then each violation results in $10,000 statutory (minimum) liability to the consumer who is the subject of the report.

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Poinsignon v. Imperva, Inc., 2018 U.S. Dist LEXIS 60161

In Poinsignon v. Imperva, Inc., 2018 U.S. Dist LEXIS 60161 the court opined, "ICRAA provides that a defendant is liable to a consumer for “[a]ny actual damages sustained by the consumer as a result of the [defendant’s] failure or, except in the case of class actions, ten thousand dollars ($10,000), whichever sum is greater.” Cal. Civ Code § 1786.50(a)(1). Plaintiff does not claim actual damages. An individual plaintiff who has not incurred any actual damages may still recover $10,000 in statutory damages. However, ICRAA does not provide for the recovery of statutory damages on a class-wide basis. Thus, the class claims for damages under the ICRAA are dismissed."

What this means for the consumer is that even if you have not incurred any damages ANY violation of the statute results in the violator becoming liable to the consumer for the statutory $10,000 per violation.

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