Credit Reporting Agencies

News & Analysis as of

Limits of Ascertainability Reached in Class Allegations Against Equifax

Plaintiff, hoping to recover from Equifax for issuing a credit report with “incorrect and damaging information,” sought to represent a class of “all persons who disputed an Equifax credit report and where Equifax failed to...more

Congress Considers Changes to FCRA to Expand Consumer Credit Files and Limit Use of Credit Reports for Employment Decisions

Two bills amending the Fair Credit Reporting Act (FCRA) intended to benefit consumers are making their way through Congress. H.R. 4172, "The Credit Access and Inclusion Act of 2015," has bipartisan support, although it is...more

Financial Services Weekly News - January 2016

Regulatory Developments - CFPB Responds To Industry’s TRID Implementation Concerns: On Dec. 29 the CFPB responded to a letter by the Mortgage Bankers Association (MBA) from Dec. 21. The MBA letter asked the CFPB to...more

CFPB Orders "Buy-Here, Pay-Here" Auto Dealer and Affiliate to Pay $6.5 Million for FCRA and CFPA Violations

Last week, the Consumer Financial Protection Bureau (“CFPB” or “the Bureau”) filed a consent order against “buy-here, pay-here” (BHPH) auto dealer Interstate Auto Group d/b/a Car Hop (“Car Hop”), and its affiliated financing...more

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

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 Takes Action Against Nationwide Credit Reporting Company and Owner

On December 3, The CFPB took action against a nationwide credit reporting company and its owner over alleged violations of the Fair Credit Reporting Act. According to the CFPB, the defendants (i) obtained consumer reports,...more

CFPB Takes Action Against Subprime Credit Reporting Company Clarity Services, Inc.

On December 3, 2015, the Consumer Financial Protection Bureau (CFPB) announced an enforcement action against subprime credit reporting company Clarity Services, Inc. (Clarity), and its owner, Timothy Ranney (Ranney), for...more

CFPB Enforcement Action Targets Background Check Company’s Screening Practices

On October 29, the CFPB announced a consent order with a national employment background screening provider and its affiliate for alleged violations of the FCRA. According to the CFPB, the company and its affiliate failed to...more

The Supreme Court Preview, Part III: A Couple Spare Parts

While the Court’s review of bedrock principles of class action litigation and the continuing struggle to enforce arbitration clauses in the face of hostile state law are two important topics to watch, they are not the only...more

CFPB highlights credit card complaints in fourth monthly complaint report

The CFPB has issued its October 2015 complaint report, the fourth in its new series of monthly complaint reports. The new report highlights credit card complaints and complaints from consumers in the Chicago, Illinois metro...more

Response Plan Rewind: The Essentials of Data Breach Response Plans

From the financial sector to the healthcare industry, and even the security business itself, hackers are creeping their way into business data systems and pilfering personal information. For financial institutions, security...more

Alphabet Soup and Data Security

In the span of two days, mobile device users learned of two data breaches that could compromise their personal data. In one, Experian (a credit reporting agency) reported that it was hacked, potentially putting 15 million...more

That is SO last week - October 2015 #2

Last week, Fortune introduced us to a new HR tech product called Perception. According to Fortune, Perception creator Kanjoya claims that the program can interpret the “intent and emotions” behind written text and filter out...more

Flurry of FCRA Complaints Recently Filed in Nevada Courts

Approximately 50 cases have been filed recently in Nevada state and federal courts against furnishers of information and credit reporting agencies (CRAs) for alleged Fair Credit Reporting Act (FCRA) violations. It appears...more

Debtor Sues Lenders for Alleged Violations of the Fair Credit Reporting Act

On September 18, 2015, Margaret M. Okamoto (“Plaintiff”) filed a complaint (the “Complaint”) in The United States District Court for the District of Nevada alleging violations of the Fair Credit Reporting Act, 15 U.S.C. §...more

Security Breach at Experian Exposes Personal Data of 15 Million T-Mobile Customers and Prospective Customers

On October 1, 2015, Experian, the world’s largest consumer credit monitoring firm, announced that an unauthorized party (i.e., hacker) had gained access to the personal data of approximately 15 million customers and...more

Auto dealer settles with FTC for violations of the Fair Credit Reporting Act

Tricolor Auto Acceptance (Tricolor), a Texas based auto dealer has agreed to settle with the Federal Trade Commission (FTC) for violations of the Fair Credit Reporting Act (FCRA). Tricolor will pay the FTC $82,777 in...more

CFPB Highlights Mortgage Complaints in Third Monthly Complaint Report

The CFPB has issued its September 2015 complaint report, the third in its new series of monthly complaint reports. The new report spotlights mortgage complaints and complaints from consumers in the Denver, Colorado, metro...more

CFPB Shines its Spotlight on Credit Reporting Consumer Complaints

As the consumer finance industry is now aware, on June 25, 2015, consumer narratives became publicly available on the Consumer Financial Protection Bureau’s (CFPB) Consumer Complaint Database. As of August 1, 2015, the Bureau...more

CFPB Spotlights Credit Reporting Industry in Latest Complaints Report

On August 25, the CFPB released the second of its monthly complaint reports, highlighting complaints received from consumers regarding the credit reporting industry. In its latest snapshot report, the CFPB revealed a 56...more

CFPB Issues Monthly Complaint Snapshot – Failure to Provide Normalization and Other Necessary Comparison Metrics Continues

On August 15, 2015, the CFPB released its latest “consumer complaint snapshot.” The Bureau’s “snapshots” generally provide updated national complaint information, and further include product and geographic spotlights that...more

California Court Limits Defenses Available to Employers Requesting Employee Background Checks

Background checks can provide California employers with vital information concerning their employees. In order to protect individual privacy rights, however, the California legislature has created two separate laws governing...more

Gaming Legal News: Volume 8, Number 13

Extending the Reach of Nevada’s Gaming Regulation: SB38, SB40 and SB409 - SB38 - Senate Bill 38 extends the reach of the Board to a new category of licensees, to nightclubs and day clubs that are located on the...more

Supervisory Haiku-lights, Summer 2015

Break out the short shorts everybody: it’s summer! We know you could use a palate cleanser between the 50 Shades novels and Game of Thrones wikis you’re reading on the beach. Supervisory Haiku-lights to the rescue! The Summer...more

Background Screening Companies May Now Report Convictions Older Than Seven Years in Nevada

Under the federal Fair Credit Reporting Act (FCRA), background screening companies (or consumer reporting agencies) are generally prohibited from reporting certain types of derogatory information that the FCRA considers to be...more

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