John L. Culhane, Jr.

John L. Culhane, Jr.

Ballard Spahr LLP

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Regulators Raise Marketplace Lending Concerns at FTC FinTech Forum

The Federal Trade Commission (FTC) recently held a FinTech forum addressing marketplace lending. The forum was promoted by the FTC as the first in a series it plans to hold exploring emerging financial technology and its...more

6/21/2016 - Banking Sector Consumer Financial Products Consumer Lenders ECOA FCRA Financial Services Industry FinTech FTC Innovative Technology Online Marketplace Lending Popular

New Guidance Issued on FCRA Compliance in Employee Screening

The Federal Trade Commission (FTC) has issued new guidance to help background screening companies comply with the Fair Credit Reporting Act (FCRA) when conducting background checks on current or prospective employees. The new...more

5/16/2016 - Background Checks Corporate Counsel Credit Reports Employer Liability Issues FCRA FTC Hiring & Firing Job Applicants New Guidance Screening Procedures

CFPB Announces Consent Order with Employment Background Screening Report Providers

The Consumer Financial Protection Bureau’s (CFPB) announcement that it has entered into a consent order with two affiliated companies that generate and provide employment background screening reports serves as a reminder to...more

11/9/2015 - Background Checks CFPB Consumer Reporting Agencies FCRA Hiring & Firing Popular

FTC Announces Settlement with Auto Loan Servicer for Alleged Violations of FCRA Furnisher Rule

The Federal Trade Commission (FTC) recently announced a settlement with a company that services auto loans for alleged violations of the Fair Credit Reporting Act (FCRA) “Furnisher Rule.” The settlement serves as a reminder...more

9/18/2015 - Automotive Loans CFPB Civil Monetary Penalty Consumer Lenders Consumer Reporting Agencies CRA FCRA Financial Institutions FTC FTC Act Unfair or Deceptive Trade Practices

FTC provides guidance on FCRA requirements for employer background checks

When examining banks and companies subject to CFPB supervisory authority for FCRA compliance, CFPB examiners will look at whether the bank or company has followed FCRA requirements for use of background checks on employees...more

9/10/2015 - Background Checks Banking Sector Banks CFPB FCRA Financial Institutions FTC Hiring & Firing

State AG – Credit Bureaus Settlement: What Furnishers Need to Know - More than 30 state attorneys general reached a settlement...

Last week, Ohio Attorney General Mike DeWine issued a press release announcing the results of a multi-state investigation into the three national credit reporting agencies (CRAs) - Equifax Information Services LLC, Experian...more

5/29/2015 - CFPB Credit Reporting Agencies Credit Reports Debt Buyers Debt Collection Equifax Experian FCRA TransUnion

U.S. Supreme Court To Decide If Statutory Damages Are Recoverable Even Without Any Actual Harm

The U.S. Supreme Court has agreed to hear an important case that will decide whether a plaintiff who cannot show any actual harm from a violation of the Fair Credit Reporting Act (FCRA) nevertheless has standing under Article...more

4/28/2015 - Article III FCRA Imminent Harm Putative Class Actions SCOTUS Spokeo v Robins Standing Statutory Damages

FTC Announces Consent Order with Subprime Auto Lender for Alleged Violations of FDCPA, FCRA

The Federal Trade Commission recently announced a consent order with a subprime auto lender for alleged violations of the Federal Trade Commission Act (FTC Act), the Fair Debt Collection Practices Act (FDCPA), and the Fair...more

6/3/2014 - Automotive Loans FCRA FDCPA FTC UDAAP

FTC Announces Settlements with Data Brokers over Alleged FCRA Violations

The Federal Trade Commission recently announced two more settlements with data brokers for alleged violations of the Fair Credit Reporting Act (FCRA). The settlements with Instant Checkmate, Inc., InfoTrack Information...more

4/11/2014 - Credit Reports Data Brokers Data Protection FCRA FTC

FTC and EEOC Issue Joint Guidance on Employer Use of Background Checks

A new joint publication of the Federal Trade Commission (FTC) and Equal Employment Opportunity Commission (EEOC) serves as a reminder to employers of the risks that come with the use of background information when making...more

3/18/2014 - Background Checks Criminal Background Checks EEOC FCRA FTC

FCRA Claim Provides Article III Standing without Showing of Actual Harm, Ninth Circuit Rules

The U.S. Court of Appeals for the Ninth Circuit has ruled that a plaintiff had Article III standing to sue a website operator for violations of the Fair Credit Reporting Act (FCRA) regardless of whether he could show actual...more

2/11/2014 - Article III ATMs EFTA FCRA Injury-in-Fact SCOTUS Statutory Damages

FTC Continues Aggressive FCRA Enforcement against Data Brokers

The Federal Trade Commission continues to aggressively enforce the Fair Credit Reporting Act (FCRA) against data brokers, as shown by its recent settlement with TeleCheck Services, Inc. The settlement requires TeleCheck to...more

1/24/2014 - Civil Monetary Penalty Data Brokers Data Protection Enforcement Enforcement Actions FCRA FTC Personally Identifiable Information

FTC Settles First FCRA Risk-Based Pricing Notice Enforcement Action

The Federal Trade Commission recently announced the settlement of its first enforcement action for alleged violations of the Fair Credit Reporting Act (FCRA) risk-based pricing rule (Rule). The settlement demonstrates that...more

12/24/2013 - Compliance Enforcement Enforcement Actions FCRA FTC Risk-Based Approaches

CFPB files amicus brief in FCRA case

The CFPB recently filed its first amicus brief in a Fair Credit Reporting Act (FCRA) case. This brief, like the amicus brief the CFPB filed in August 2013 in the Seventh Circuit in a Fair Debt Collection Practices Act case,...more

10/10/2013 - CFPB Credit Reports FCRA FDCPA FTC

CFPB issues warning on furnisher’s duty to investigate disputes

The CFPB has issued a bulletin to companies that furnish information to consumer reporting agencies (CRA) reminding them of their obligation under the Fair Credit Reporting Act (FCRA) to investigate consumer disputes...more

9/5/2013 - CFPB Compliance Duty of Care FCRA Investigations Reporting Requirements Required Documentation

FTC Sends FCRA Warning to Providers of Rental Histories

The Federal Trade Commission continues to keep Fair Credit Reporting Act (FCRA) enforcement at the forefront of its activities, as shown by its recent warnings to operators of six websites that provide information about...more

4/11/2013 - Consumer Reports FCRA FTC Landlords Tenants Warning Letters Websites

CFPB issues bulletin to specialty consumer reporting agencies on free credit reports and sends warnings

The CFPB has issued a bulletin to nationwide specialty reporting agencies to remind them of their obligation under the Fair Credit Reporting Act to establish a streamlined process for requests from consumers for free annual...more

12/1/2012 - CFPB FCRA

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