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

Webinar
Apr 29, 2026
When a Cyber Breach Hits: Cybersecurity, Privacy, and Compliance

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Lawyers for the Profession® Alert
Apr 21, 2026
When Does a Client’s Duty to Investigate Begin? Lessons from a Time-Barred Malpractice Case

Press Release
Apr 20, 2026
Tom Kuzmanovic Selected for BizTimes Milwaukee 2026 Notable Leaders in Law

Press Release
Apr 17, 2026
André Sesler Elected to the Board of Trustees of the University of Florida Law Center Association

Hinshaw Alert
Apr 17, 2026
Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026

In The News
Apr 14, 2026
Bloomberg Law Recaps Panels Presented at Hinshaw's 25th Anniversary LMRM Conference

In The News
Apr 14, 2026
Michael Dowell Discusses the Uncertain Impact of Growing Medicare Advantage Scrutiny

Privacy, Cyber & AI Decoded Alert
Apr 9, 2026
6 Key Takeaways From the IAPP 2026 Global Summit for Privacy Compliance Professionals

In The News
Apr 9, 2026
Megan Lopp Mathias Discusses Future of DEI Employment Initiatives




