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

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 9, 2026
“Play Now, Arbitrate Later”—“Not So Fast,” Ninth Circuit Says

In The News
Sep 9, 2026
Jennifer Driscoll Discusses “Patchwork” of Laws Targeting Personalized Pricing

Employment Law Observer
Sep 8, 2026
Five Workplace Issues Every Employer Should Address Before They Become a Costly Lawsuit

Press Release
Sep 8, 2026
Jim Sandy Appointed Chair of ABA Debt Collection and Bankruptcy Subcommittee

In The News
Sep 3, 2026
Jennifer Driscoll Analyzes FTC Suit over Amazon’s Advertising Pricing Practices

In The News
Sep 2, 2026
Yvonne Ocrant Discusses Horse Business Legal Protection on the EquineRevShare Podcast

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 2, 2026
Two Key Wins for Mortgage Lenders on Illinois Statute of Limitations

Press Release
Sep 2, 2026
Jennifer Driscoll Reappointed to CBA's Antitrust & Trade Regulation Section Executive Committee

Employment Law Observer
Sep 1, 2026
Illinois Employers: Prepare Now for These Three Employment Law Changes Taking Effect in 2027





