Cindy D. Hanson

Partner

Atlanta
Business Phone: 404.885.3830
Business Fax: 404.885.3900

cindy.hanson@troutman.com

vCard

Cindy Hanson focuses her practice on class action defense. Cindy has handled hundreds of matters under the Fair Credit Reporting Act, including over two dozen class actions. Her practice includes the representation of consumer reporting agencies, entities who furnish information to consumer reporting agencies and employers who use background check information for employment purposes. In addition, she has significant experience representing companies defending class actions under consumer protection statutes and state common law.

Representative Matters

  • Represented a national credit reporting agency in a class action and obtained a decision by the Firth Circuit to reverse class certification involving approximately 10 million consumers. Upon remand to the district court, we obtained summary judgment with respect to one of the plaintiffs and the other five plaintiffs thereafter dismissed their claims.
  • Represented a national credit reporting agency in a putative class action involving alleged violations of the FCRA with respect to the issuance of credit reports for insurance purposes. Class certification was granted to only 125 consumers and was thereafter favorably settled prior to trial.
  • Represented a national credit reporting agency in claims against a mortgage broker which alleged that a subsidiary of the client misappropriate trade secrets belonging to it and other mortgage brokers. We obtained a motion to dismiss class certification and the decision was affirmed by the Second Circuit.
  • Represented a national credit reporting agency where plaintiffs sought certification of a nationwide class consisting of consumers holding a major credit card, alleging that the client and other credit reporting agencies violated the FCRA by allegedly substituting consumers’ “high balance” for their “credit limits” when reporting consumers’ accounts. We obtained summary judgment after two years of litigation.
  • Represented a national credit reporting agency in a putative class action alleging violations of the FCRA by failing to accurately report consumers’ debts that were discharged in Chapter 7 bankruptcy proceedings. The plaintiffs sought the certification of a nationwide class and the court issued a tentative decision denying plaintiffs’ motion for Class Certification. The case settled shortly thereafter but the case is ongoing in a series of appeals to the Ninth Circuit and remands to the District Court regarding the sufficiency of the settlement.
  • Represented a national credit reporting agency in a putative class action where the plaintiff alleged he was forced to pay for a copy for his free yearly file disclosure. The case was settled.
  • Represented a national grocer in a putative class action where the plaintiffs alleged that the grocer violated the FCRA in connection with conducting criminal background checks on prospective and current employees. The case settled.
  • Represented an apartment management company in a class action alleging that it violated section 1681b by failing to give proper notice before taking adverse action against the plaintiff. The case settled.
  • Represented a criminal background checks company in a putative class action alleging that the client violated sections 1681k, 1681g, 1681i, and 1681e(b) of the FCRA. The plaintiffs sought to represent multiple nationwide class and various subclasses, but the case settled on a class-wide basis.
  • Represented a criminal background checks company in a putative class action alleging that the client violated sections 1681k, 1681g, 1681i, and 1681e(b) of the FCRA. The plaintiffs sought to represent multiple nationwide class and various subclasses, but the case settled on a class-wide basis.
  • Represented a criminal background checks company in a putative class action alleging that the client an inaccurate consumer report to a reseller that was used in connection with the plaintiff’s application for employment. The plaintiff alleged a willful violation of section 1681e(b) of the FCRA and sought to certify a nationwide class. The case settled on an individual basis.
  • Represented a criminal background checks company in a putative class action where the plaintiff alleged that the client willfully violated the FCRA when it prepared reports on prospective employees. The case settled on an individual basis.
  • Represented a national background check company in a putative class action where the plaintiff alleged that the client willfully violated the FCRA when it prepared reports on prospective employees. The case settled on an individual basis.
  • Represented a national background check company in a case where the plaintiff alleged sections 1681d(d)(3) and 1681e(b) of the FCRA when it provided consumer reports to potential employers containing felony records allegedly not belonging to the plaintiff. The plaintiff sought to certify a nationwide class, but the case settled on an individual basis.
  • Represented a national background check company in a putative class action alleging violations of the FCRA by failing to maintain reasonable procedures to assure maximum possible accuracy and by failing to follow “strict procedures” to assure that the information it reported was complete and up to date. The case settled on an individual basis.
  • Represented a national background check company in a putative class action alleging violations of the FCRA by failing to maintain reasonable procedures to assure maximum possible accuracy. After briefing both a motion to dismiss and a motion to strike the class claims, the case settled on an individual basis.
  • Representing a national background check company in a putative class action alleging violations of the FCRA by both failing to maintain reasonable procedures to assure maximum possible accuracy and by failing to follow strict procedures to assure that reported information was complete and up-to-date. The case is in discovery, with class certification briefing expected near the end of 2016.
  • Representing a national background check company in a multi-plaintiff putative class action alleging violations of the FCRA by failing to maintain reasonable procedures to assure maximum possible accuracy and by including outdated non-criminal information on consumer reports. The case is in discovery.
  • Representing a specialty consumer reporting agency as nationwide counsel on any FCRA action. In that capacity, we handled an FCRA class action in 2013 that settled on an individual basis and have litigated and resolved nearly a dozen individual cases. We have also been recently retained as counsel in two putative nationwide class actions, each of which is currently pending.
  • Represented a consumer reporting agency against allegations that it violated sections 1681k and 1681c of the FCRA when it provided certain adverse information to potential employers that was more than seven years old. The case was settled.
  • Represented a consumer reporting agency against allegations that it violated sections of the FCRA when it provided an allegedly inaccurate consumer report on the plaintiff to her prospective employer and failed to provide notice of the issuance of the report to the plaintiff. The case was settled.

Presentations and Speaking Engagements

  • Quoted, “Spokeo Ruling Deals Blow To Cos. But May Have Silver Lining,” Law360, August 15, 2017
  • Speaker, “FCRA Cutting-Edge Compliance Issues and Litigation Trends,” National Association of Professional Background Screeners Annual Conference, Orlando, Florida, September 20, 2017.
  • Presenter, “A Review of Recent Trends and Developments,” Troutman Sanders Consumer Financial Services Webinar Series, August 24, 2017.
  • Panelist, “The CFPB’s Rule on Arbitration and What It Might Mean for Your Company Webinar Series,” July 18, 2017.
  • Panelist, “A Case Study & Legal Developments in Background Screening,” National Association of Professional Background Screeners Webinar, June 28, 2017.
  • Panelist, "Compliance and Litigation: Working Effectively with Outside Counsel and Expert Witnesses," National Association of Professional Background Screeners (NAPBS) Annual Conference, Palm Desert, CA, September 18-20, 2016.
  • Panelist, "Mock Deposition,"National Association of Professional Background Screeners (NAPBS) Annual Conference, Palm Desert, CA, September 18-20, 2016.
  • Panelist, "Offers of Judgment and Mootness after Campell-Ewald," Institute of Continuing Legal Education in Georgia's Class Actions Seminar, Atlanta, GA, September 2, 2016.

Professional and Community Involvement

  • Harlan Fiske Stone Scholar

Rankings and Recognition

  • Achieved an AV® Peer Review Rating from Martindale-Hubbell
  • Selected as a Georgia "Rising Star" in Class Action/Mass Torts and Civil Litigation Defense by SuperLawyers Magazine, (2008-2009)

Professional Experience

  • Partner, Troutman Sanders LLP, 2016-present
  • Partner, Kilpatrick Stockton LLP, 1997-2016
  • Associate, Chadbourne & Parke LLP, 1993-1997

PrintPDF

Education

  • Columbia University, J.D., 1993
  • Rutgers College, B.A., cum laude, 1990

Bar Admissions

  • Georgia
  • New York
  • New Jersey