Appellate Spotlight: Ninth Circuit Affirms Summary Judgment Win by Law Firm in FCRA Class Action Case
Press Release | 1 min read
Mar 22, 2023
A Hinshaw legal team led by David Schultz and Brett Larsen recently secured a win at the U.S. Court of Appeals for the Ninth Circuit on behalf of client law firm Carpenter Hazlewood Delgado & Bolen LLP. The client was retained to collect homeowners' association (HOA) assessments that plaintiff stopped paying. The client secured a credit report to obtain plaintiff's address. In response, plaintiff filed in federal court a class action lawsuit, arguing that the Fair Credit Reporting Act (FCRA) was violated because there was not a permissible purpose to access her credit report.
The district court granted summary judgment to the client. On appeal, the Ninth Circuit affirmed. It held that the FCRA claims fail because there could not be a willful violation of the FCRA when the client relied on prior analogous precedent that indicated the HOA assessment was a credit transaction under the Act. Thus, the attorneys had the right to review the credit report.
The case is Janis Wolf v. Carpenter Hazlewood Delgado, case number 22-15233, in the U.S. Court of Appeals for the Ninth Circuit.
Media Coverage
- "Appeals Court Affirms Ruling for Defense in FCRA Case," Daily Digest, net, March 20, 2023
- "9th Circ. Agrees Law Firm Didn't Illegally Access Credit Report," Law360, March 20, 2023 (subscription required)
Related Capabilities
Featured Insights

Insights for Employers Alert
May 29, 2026
USCIS Policy Update: New Adjustment of Status Guidance Impacting Employers and Individuals

Press Release
May 28, 2026
Hinshaw Adds Former General Counsel as a Commercial Transactions Partner in Miami

Event
May 27-29, 2026
Steve Puiszis Moderates Discussion on Today's Law Firm Risk Environment

Press Release
May 26, 2026
L.J. Rotman Recognized in the Inaugural Minnesota Lawyer Minnesota Legal 250

Privacy, Cyber & AI Decoded Alert
May 21, 2026
Deploying AI Companions in Elder Care: A Privacy Compliance Playbook

Press Release
May 20, 2026
Hinshaw Releases America 250 Book Exploring Insurance's Role in Building the United States

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 19, 2026
OCC's Final Escrow-Interest Preemption Rules Bolster the Second Circuit’s Cantero Decision

Webinar
May 19, 2026
Scott Seaman Speaks on Making Decisions in Difficult Risk Environments

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference





