Consumer law — Fair Credit Reporting Act — Criminal background checks — Action for compensatory and punitive damages against consumer reporting agency that prepares criminal background reports on individuals, alleging defendant’s failure to follow its common-name procedure when preparing criminal background report for a prospective employer resulted in mispairing plaintiff with an individual with a criminal background that rendered plaintiff ineligible for employment — District court did not err in denying defendant’s motion for judgment as matter of law with respect to reputational harm and willfulness — Punitive damages — Excessiveness — Discussion of guideposts set forth by Supreme Court in BMW of North America, Inc. v. Gore, including degree of reprehensibility of defendant’s conduct and disparity between harm or potential harm suffered by plaintiff and punitive damages award — Considering five factors set forth in Supreme Court’s decision in State Farm Mutual Auto Insurance Company v. Campbell, defendant’s conduct was sufficiently reprehensible to warrant award of punitive damages — However, $3.3 million punitive damages award in case in which plaintiff was awarded $250,000 in compensable damages was constitutionally excessive and is to be reduced to $1 million on remand — Extensive discussion of constitutional principles in context of determining excessiveness of punitive damages awards and ratio of punitive damages to actual damages, and examination of punitive damages cases from Eleventh Circuit and other circuits
28 Fla. L. Weekly Fed. C685a
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