Trusted FCRA Litigation Experts
Deep Industry Insight • Unmatched Integrity
Meet Your Team of FCRA Litigation Experts
Qualified. Credible. Litigation-Ready.
With more than three decades of employment and tenant screening expertise, Capwell Consulting Group can support attorneys, corporations, and claimants in FCRA litigation. From case evaluation to expert testimony, we provide objective, data-driven insights that strengthen your position and withstand scrutiny.
When your case depends on credibility and precision, we deliver expert analysis, clear testimony, and rock-solid reports tailored to your litigation needs.
The Capwell Consulting Group FCRA Litigation Approach
Structured, Responsive, and Case-Focused FCRA Litigation Support.
Capwell Consulting Group brings decades of experience in understanding the Fair Credit Reporting Act (FCRA) and potential litigation. We can support companies and claimants of all sizes.
Initial Case Review
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Review and understand the basic facts of your case
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Identify any potential conflict of opinion or interest
Case Evaluation
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Review all relevant materials and evidence related to the case
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Conduct any research, analysis or testing required to support the case
Formulate An Opinion
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Utilize our expertise to interpret evidence and form an objective opinion
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Ensure our conclusions are supported by reliable data and methodologies
Prepare A Report
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Write a detailed report to explain our findings, methodologies, and conclusions
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Ensure reports are clear, concise and comprehensible to non-experts
Assist with Legal Strategy
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Collaborate with the legal team to develop a case strategy
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Advise on the strengths and weaknesses of the case from a technical perspective
Testify in Court Proceedings
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Provide testimony under oath during depositions, hearings, and trials
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Explain our findings and opinions clearly and accurately
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Answer questions from the defense, prosecution, and the judge
Educate the Court
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Clarify technical aspects, procedures and evidence of a specific subject matter
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Help the judge and jury understand the implications of the expert’s findings
Remain Impartial
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Maintain objectivity and avoid any bias in our analysis and testimony
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Ensure our testimony is based solely on our expertise and evidence
Maintain Knowledge and Credibility
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Continuously improve our knowledge to provide accurate and reliable testimony
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Avoid actions that might compromise our credibility or objectivity
The Critical Role of an FCRA Litigation Expert Witness
With decades of FCRA expertise, we understand the complexities of employment and tenant screening consumer reporting disputes.
An FCRA Expert plays a critical role in FCRA litigation, guiding attorneys, corporate legal teams, and courts through complex consumer reporting regulations, industry standards, and compliance obligations. Capwell Consulting Group brings seasoned FCRA legal expertise, combining deep knowledge of the Fair Credit Reporting Act (FCRA) with real-world experience in consumer reporting, employment background checks, tenant screening, and consumer rights cases. This blend of technical insight and credibility ensures judges and juries can rely on their analysis and testimony.
When attorneys need FCRA litigation support, they turn to Capwell Consulting Group to assess whether consumer reporting agencies, employers, or landlords followed proper procedures, conducted thorough re-investigations, and adhered to disclosure, consent requirements, and other legal requirements.
Our Most Common FCRA Related Litigation Claims
As trusted FCRA experts, Capwell Consulting Group delivers objective assessments, prepares comprehensive expert opinion reports, and provides testimony that withstands cross-examination. By bridging complex regulatory frameworks with practical application, we help courts reach informed decisions in cases ranging from inaccurate consumer reporting to negligent background screening.
Failure to Obtain Proper Authorization
15 U.S.C. §1681b(b)(2)(A)
Employer failed to get clear, written, stand-alone authorization before obtaining a background report.
Typical Defendant:
Employer
Failure to Provide Pre-Adverse Action Notice
15 U.S.C. §1681b(b)(3)(A)
Employer took adverse action before providing report and 'Summary of Rights.'
Typical Defendant:
Employer
Failure to Ensure Maximum Possible Accuracy
15 U.S.C. §1681e(b)
CRA failed to maintain procedures ensuring data accuracy; reported incorrect or mixed records.
Typical Defendant:
CRA / Background Screener
Failure to Reinvestigate Disputes
15 U.S.C. §1681i(a)
CRA failed to reinvestigate disputed items within 30 days or verify data with proper sources.
Typical Defendant:
CRA
Reporting Outdated or Expunged Information
15 U.S.C. §1681c(a)
Report included obsolete adverse information (e.g., >7 years old criminal/civil data).
Typical Defendant:
CRA / Employer
Failure to Provide File Access / Summary of Rights
15 U.S.C. §1681g-1681h
CRA failed to provide report copy or summary of rights upon request or during adverse action.
Typical Defendant:
CRA
Improper Use or Disclosure of Reports
15 U.S.C. §1681b(f)
Report obtained or used for a non-permissible purpose (e.g., after employment denial or without consent).
Typical Defendant:
Employer / CRA
Willful Noncompliance
15 U.S.C. §1681n
Knowing or reckless disregard of FCRA requirements; allows statutory & punitive damages.
Typical Defendant:
CRA / Employer
Negligent Noncompliance
15 U.S.C. §1681o
Failure to exercise reasonable care resulting in consumer harm.
Typical Defendant:
CRA / Employer
Lack of Concrete Injury (Standing Issue)
Article III (as applied to FCRA)
Plaintiff alleges only procedural violations without showing concrete harm.
Typical Defendant:
Plaintiffs (defense issue)
Class Action Liability
Various (esp. §1681n)
Systemic procedural failures affecting large numbers of consumers.
Typical Defendant:
Employers / CRAs
