News & Analysis as of

Consumer Financial Protection Bureau (CFPB) Background Checks Fair Credit Reporting Act (FCRA)

Mitratech Holdings, Inc

Understanding Adverse Action: A Guide For HR Professionals

You’ve gone through the hiring process, sent out an offer letter, and all that remains is the background check. But what happens when the results raise a red flag? You may decide to rescind the offer, but it’s not as simple...more

Alston & Bird

CFPB Issues FCRA Advisory Opinions Addressing Background Screenings and Credit File Sharing Practices

Alston & Bird on

What Happened? On January 11, 2024, the Consumer Financial Protection Bureau (“CFPB” or “Bureau”) issued two separate advisory opinions interpreting consumer reporting agencies’ (“CRAs”) obligations under the Fair Credit...more

Sheppard Mullin Richter & Hampton LLP

CFPB Continues Focus on Credit Reporting with Guidance on FCRA Compliance

On January 11, the CFPB issued two advisory opinions providing guidance to consumer reporting agencies (CRAs) on the Bureau’s views on FCRA compliance obligations with respect to background check reports and credit file...more

Troutman Pepper

CFPB Continues Focus on Consumer Reporting and the FCRA With New “Guidance” on Background Checks and Consumer Disclosures

Troutman Pepper on

On January 11, the Consumer Financial Protection Bureau (CFPB or Bureau) issued two “advisory opinions” addressing the CFPB’s views of the obligations of consumer reporting agencies (CRAs) under the Fair Credit Reporting Act...more

Davis Wright Tremaine LLP

October 2023 UDAAP Bulletin

The following document provides a monthly roundup summarizing enforcement actions, guidance, rulemakings, and other public statements from the Consumer Financial Protection Bureau and the Federal Trade Commission regarding...more

Cozen O'Connor

The State AG Report – 9.14.2023

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • Minnesota AG Investigates Student Loan Debt Relief...more

Ballard Spahr LLP

FTC recommends use of written adverse action notices by housing providers

Ballard Spahr LLP on

A new FTC blog post titled “Tenant background check reports: Put it in writing” reminds landlords, property managers, and other housing providers of their obligation under the Fair Credit Reporting Act to provide notice of...more

Dinsmore & Shohl LLP

CFPB Releases New Required Form for Use in Employee Background Check Process

Dinsmore & Shohl LLP on

The Consumer Financial Protection Bureau has released an updated version of the "Summary of Your Rights Under the Fair Credit Reporting Act" notice that all employers must provide to employees before taking any adverse action...more

Jackson Lewis P.C.

Spring Cleaning for FCRA Compliance: Using the Most Up-To-Date Federal Summary of Rights

Jackson Lewis P.C. on

The Consumer Financial Protection Bureau’s (CFPB) updated Final Rule on the federal Fair Credit Reporting Act (FCRA) Summary of Rights includes such non-substantive changes as corrections to contact information for various...more

Fisher Phillips

Employers Must Update Their Summary of Rights Notice for Background Check Screenings

Fisher Phillips on

Employers should promptly update their Summary of Consumer Rights notice provided to applicants and workers before taking adverse employment action based on their background check reports, thanks to a new rule about to take...more

Littler

Updated FCRA Summary of Consumer Rights Released with a Mandatory Compliance Deadline of March 20, 2024

Littler on

On March 17, 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of the publication entitled, “A Summary of Your Rights Under the Fair Credit Reporting Act,” which is also called the “Summary of...more

Troutman Pepper

Creditors and Employers Beware: CFPB Amends Model Background Check Form and Adverse Action Language

Troutman Pepper on

The Consumer Financial Protection Bureau (CFPB or Bureau) issued a final rule updating, among other things, the model form for the Fair Credit Reporting Act (FCRA) Summary of Consumer Rights and information that must be...more

Jackson Lewis P.C.

Understanding CFPB’s Legal Advisory on “Permissible” Purpose

Jackson Lewis P.C. on

The Consumer Financial Protection Bureau (CFPB) recently issued a legal Advisory in early July 2022, intending to protect the privacy rights of individuals subject to background checks by third-party consumer reporting...more

Troutman Pepper

2020 Consumer Financial Services Year in Review & A Look Ahead

Troutman Pepper on

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions...more

Arnall Golden Gregory LLP

Compliance News Flash - December 2020 #1

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Arnall Golden Gregory LLP

FCRA Consumer Disputes and Reinvestigations

Additional guidance offered to address the question of how to handle consumer disputes under the Fair Credit Reporting Act (FCRA). The Consumer Financial Protection Bureau (CFPB) issued a Compliance Aid to assist in...more

Goodwin

CFPB Settles FCRA Claims with NY Background Screening Company

Goodwin on

On November 22, 2019 the Consumer Financial Protection Bureau (CFPB) announced that it had filed a proposed stipulated judgment in the federal district court in the Southern District of New York that would resolve claims that...more

Ballard Spahr LLP

CFPB settles enforcement action against employment background screening company for alleged FCRA violations

Ballard Spahr LLP on

On November 22nd, the CFPB issued a press release announcing that a stipulated final judgment and order (Order) were filed in the U.S. District Court for the Southern District of New York against Sterling Infosystems, Inc....more

Ballard Spahr LLP

CFPB settles enforcement action against employment background screening company for alleged FCRA violations

Ballard Spahr LLP on

On November 22nd, the CFPB issued a press release announcing that a stipulated final judgment and order (Order) were filed in the U.S. District Court for the Southern District of New York against Sterling Infosystems, Inc....more

Bradley Arant Boult Cummings LLP

Background Check Update: There’s A New FCRA Form in Town

If you conduct pre-hire background checks, you know you have to comply with the Fair Credit Reporting Act (FCRA) or risk trouble (called lawsuits). Part of that compliance is providing notice to the applicant if you are going...more

Akin Gump Strauss Hauer & Feld LLP

The Consumer Financial Protection Bureau Issues Rule That Requires Employers to Update FCRA Summary Of Rights Form

• The Consumer Financial Protection Bureau (CFPB) has issued an interim final rule requiring employers to update the summary of rights form given to applicants and employees in conjunction with a background check by a...more

Stinson LLP

Employers Must Update Summary of Rights Notice After FCRA Amendment

Stinson LLP on

Amendments affecting notice requirements under the Fair Credit Reporting Act (FCRA) went into effect on September 21, 2018. These amendments were part of the Economic Growth, Regulatory Relief, and Consumer Protection Act...more

McGuireWoods LLP

CFPB Updates Summary of Rights Under Fair Credit Reporting Act

McGuireWoods LLP on

On Sept. 12, the Consumer Finance Protection Bureau issued an updated model disclosure form, required under the federal Fair Credit Reporting Act (FCRA) as of Sept. 21, 2018. The revised “Summary of Your Rights Under the Fair...more

Pillsbury Winthrop Shaw Pittman LLP

The New Freeze on Background Check Forms

Employers must update forms in conformity with amendments to the Fair Credit Reporting Act - As of September 21, 2018, employers must begin providing employees and applicants with the updated Summary of Consumer Rights....more

Cozen O'Connor

Fair Credit Reporting Act Requires Amended Notice

Cozen O'Connor on

The Fair Credit Reporting Act (FCRA) governs virtually all pre-employment background checks of applicants done for employers by third parties. The FCRA is complete with a complicated sequence of mandatory notices and consents...more

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