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Consumer Reports

CFPB Updates: Consumer Reporting Supervisory Highlights, Loss Over CID

In news at the Consumer Financial Protection Bureau, the agency released a special edition of its Supervisory Highlights focused on consumer reporting and was handed a major loss from the U.S. Court of Appeals for the D.C....more

CFBP Releases Special Edition of its Supervisory Highlights Focusing on Consumer Reporting

by Ballard Spahr LLP on

The CFPB recently released a “Special Edition” of its Supervisory Highlights that focuses exclusively on data accuracy issues in consumer credit reporting and the handling and resolution of consumer disputes. The report...more

Ninth Circuit: FCRA Background Check Disclosure Cannot Include Liability Waiver

by FordHarrison on

In a case of first impression, the Ninth Circuit Court of Appeals recently held that a background check disclosure that included a liability waiver violated the Fair Credit Reporting Act (FCRA). The Ninth Circuit is the first...more

Employers Violate the Disclosure Requirements of the FCRA if They Include Anything More Than the Disclosure Itself

by Clark Hill PLC on

On January 20, 2017, in a case of first impression, the Ninth Circuit Court of Appeals ruled that a prospective employer violates Section 1681b(b)(2)(A) of the Fair Credit Reporting Act (FCRA) when it procures a job...more

Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability

by Ballard Spahr LLP on

In a case presenting a question of first impression in the federal courts of appeals, the Ninth Circuit has held that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant's...more

Michigan Attorney General Intervenes in Suit Against Consumer Reports to Defend Constitutionality of Michigan Privacy Laws

by Reed Smith on

Michigan Attorney General Bill Schuette filed a brief this week intervening in a federal lawsuit between a subscriber of Consumer Reports magazine and publisher Consumers Union of the United States (“Consumers Union”) to...more

Tenant Screening and the FCRA

by Arnall Golden Gregory LLP on

The Federal Trade Commission (“FTC”) recently issued guidance applicable to background screening companies (aka consumer reporting agencies) who engage in tenant screening. The FTC highlights four key responsibilities of...more

CFPB Releases Spring 2016 Rulemaking Agenda

by Ballard Spahr LLP on

The Consumer Financial Protection Bureau (CFPB) has released its Spring 2016 rulemaking agenda. The agenda sets the following timetables for key rulemaking initiatives: Arbitration. The Spring 2016 agenda does not...more

FTC Releases New Guidance on FCRA Compliance for Employment Background Screening Companies

by MoFo Reenforcement on

The FTC has released new guidance aimed at helping companies that conduct background screenings for employment purposes to determine whether they are “consumer reporting agencies” within the meaning of the federal FCRA....more

What You Need to Know About the CFPB's Priorities for 2016 and 2017

by Baker Donelson on

The CFPB recently announced its policy priorities for the next two years. There are not too many surprises, since the CFPB has been targeting most of these areas in recent months and years. Here's what the Bureau is planning,...more

CFPB issues Winter 2016 supervisory report

by Ballard Spahr LLP on

In its Winter 2016 Supervisory Highlights, which covers supervision work generally completed between September and December 2015, the CFPB highlights violations found by CFPB examiners involving consumer reporting, debt...more

FCRA claims against CoreLogic are here to stay, for now

The alleged Fair Credit Reporting Act (FCRA) violations against CoreLogic National Background Data LLC (CoreLogic) won’t be going away. A Virginia federal court ruled that CoreLogic’s business does indeed fall under the FCRA,...more

Dave & Buster’s faces FCRA class action for alleged background check violations

Joseph Alvarez filed a class action against Dave & Buster’s restaurant chain earlier this year in Florida alleging that it used background checks for employment decisions without providing a copy of the report to the...more

CFPB Blogs that References to Consumer Reporting “Agencies” and Credit “Bureaus” are Confusing to Consumers

The Consumer Financial Protection Bureau (CFPB) posted guidance on its blog on January 27, 2016 reminding consumers of their right to obtain a free copy of their consumer report. The blog posting includes a link to an updated...more

U.S. Supreme Court’s decision in Spokeo v. Robins case will make waves in consumer class actions –one way or another

Back in early November of last year, Spokeo, Inc. (Spokeo) argued before the U.S. Supreme Court seeking to overturn a February 2014 ruling from the Ninth Circuit that revived the Fair Credit Reporting Act (FCRA) lawsuit filed...more

Employers: Check the law before checking an applicant's background

by Kirton McConkie PC on

A new hire is always a risk. There is concern that a new employee may not be a good fit or as qualified for the job as expected. Worse, the new hire could be a significant safety or liability risk. A poor hiring decision can...more

CFPB Hits Credit Reporting Agency with $8 Million Penalty for FCRA Violations

by Carlton Fields on

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) recently ordered a Florida subprime credit reporting company and its owner to pay an $8 million civil penalty and to halt illegal practices in a December 3 Consent...more

CFPB issues Fall 2015 supervisory report

by Ballard Spahr LLP on

In its Fall 2015 Supervisory Highlights, which covers supervision work generally completed between May and August 2015, the CFPB highlights legal violations resolved using non-public supervisory actions involving consumer...more

CFPB Releases Fall 2015 Report Touting Recovery of Millions Through Supervisory Actions

by BakerHostetler on

On November 3, the Consumer Financial Protection Bureau (CFPB) released its fall 2015 supervisory report concerning enforcement actions from May 2015 through August 2015. The Bureau highlights violations in the mortgage...more

CFPB Enforcement Action Against Two Background Screeners

by Arnall Golden Gregory LLP on

The Consumer Financial Protection Bureau (CFPB) announced that it has taken action against two large background screening companies.  Yes, you are reading this correctly.  The CFPB…not the Federal Trade Commission, has taken...more

Reminder for NYC Employers: Ban on Criminal Background Checks Takes Effect October 27, 2015

by Reed Smith on

Less than two months after the effective date of a new law barring employers’ use of credit checks, another new law restricting the pre-employment process takes effect in New York City today, October 27, 2015 (the Fair Chance...more

Raising Capital? Don’t Forget about SEC Filings (It’s Not as Difficult as It Sounds)

by Varnum LLP on

The mention of "securities law and regulations" is a common, but daunting phrase that many entrepreneurs hear when they are attempting to raise money from investors for their companies. Under federal securities laws, any sale...more

CFPB Reports Continued Mortgage Servicing and Other Violations of Consumer Financial Law

by Carlton Fields on

In its Supervisory Highlights released earlier this summer, the CFPB reported its examination observations in consumer reporting, debt collection, mortgage origination and servicing, fair lending, and student loan servicing....more

Avoiding Class Action Litigation Under Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a growing source of class action litigation, due to the high potential penalties that it provides for very technical violations. The statute imposes conditions, among other things, on...more

CFPB launches monthly complaint report

by Ballard Spahr LLP on

The CFPB has issued a complaint report which it describes as “the first in a new series of monthly reports to highlight key trends from consumer complaints submitted to the Bureau.” In addition to providing overall data on...more

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