Satisfaction! (Defendant In FCRA Putative Class Action Can’t Get No)

The refrain from the Rolling Stones’ iconic song “Satisfaction” reportedly was inspired by a phrase from a Chuck Berry ditty “I can’t get no satisfaction from the judge….”  This phrase aptly describes the outcome for a defendant seeking to dismiss putative class claims under the Fair Credit Reporting Act (“FCRA”) in Smith v. Res-Care, Inc., Case No. 13-5211 (S.D. W. Va. Aug. 28, 2013).  Judge Robert Chambers of the U.S. Court for the Southern District of West Virginia denied Res-Care’s motion to dismiss, which was brought before any discovery into plaintiff’s damages, holding that the defendant’s offer of judgment may not fully satisfy Plaintiff’s request for relief.

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