Tarter Krinsky & Drogin successfully defended Blumberg Excelsior, Inc., a nationwide provider of law and corporate products, in a class-action lawsuit brought against it under the Fair Credit Reporting Act (FCRA).  On behalf of Blumberg, TKD responded to the complaint by immediately bringing a motion to dismiss the entire lawsuit, based upon the unique argument that Blumberg’s violation of the FCRA, if any, could not have been willful.  In a well-reasoned decision, the Judge granted the motion, dismissed Blumberg from the lawsuit, and established new precedent for consumer protection practitioners in the Second Circuit and nationwide.

Andrew Krinsky and Alan Arkin, Partners in the Litigation Practice, and Maxwell Rosenthal, an Associate in the Labor and Employment Practice represented our client in this matter.