CFPB and Arkansas Attorney General Enter Into a Settlement Agreement with a Home-Alarm Company to Resolve FCRA Allegations

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The CFPB and the Arkansas Attorney General announced that they filed a proposed stipulated judgment and order settling their Fair Credit Reporting Act (FCRA) and Consumer Financial Protection Act of 2010 (CFPA) claims against Alder Holdings, LLC, a home-alarm company that extends closed-end credit to its customers by providing them the right to defer payment for Alder’s alarm and security-system equipment over the life of a long-term contract.

The Complaint, filed in an Arkansas federal district court, alleges that Alder charged higher activation-fees for customers who had lower credit scores, but failed to provide them with the required risk-based pricing notice in violation of the FCRA. 15 U.S.C. § 1681m(h)(1) requires that a company give consumers notice when it provides consumers with less favorable credit terms based on a review of their credit reports.

Additionally, the Arkansas Attorney General alleged that by violating the FCRA, Alder also violated § 1036(a)(1)(A) of the CFPA, which makes is unlawful for covered persons to “commit any act or omission in violation of a Federal consumer financial law.”

If entered by the court, the stipulated final judgment and order will require Alder to pay a $600,000 civil money penalty, to provide proper risk-based pricing notices under the FCRA, and to submit a comprehensive compliance plan to the Bureau.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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