Navigating FCRA and Debt Collection With Special Guest Bridgeforce's Michelle Macartney — FCRA Focus Podcast
Consumer Finance Monitor Podcast Episode: What Banking Leaders Need to Know About the U.S. Supreme Court Ruling That the CFPB’s Funding Mechanism is Constitutional Part II
The Fair Credit Billing Act: Key Insights and Practical Tips — FCRA Focus Podcast
The Kirtz Decision: FCRA and Government Liability Unpacked — FCRA Focus Podcast
Resolving FCRA Disputes With e-OSCAR: Insights from Joel Strickland — FCRA Focus Podcast
U.S. District Court Addresses Federal Preemption for State Credit Reporting Laws
2024 Regulatory Hot Topics
The FTC Enforces the Fair Credit Reporting Act
CFPB Advisories on Background Checks and File Disclosures — FCRA Focus Podcast
The CFPB Targets Data Brokers with Latest Proposed Rule
Year in Review and a Look Ahead: The Evolving Landscape of Background Screening and Credit Reporting — The Consumer Finance Podcast
Year in Review and a Look Ahead: The Evolving Landscape of Background Screening and Credit Reporting — FCRA Focus Podcast
State Laws on Screening and Federal Preemption – Where Are We Now and Where Are We Heading? — FCRA Focus Podcast
New Developments in the CFPB's FCRA Rulemaking Process — What's Next? — FCRA Focus Podcast and The Consumer Finance Podcast Crossover Episode
RegFi Episode 9: Consumer Data Collection and Usage with Eric Ellman
Our State and Federal Legislative and Regulatory Tracking Products - The Consumer Finance Podcast
CFPB's Rulemaking Under the FCRA (Part 3) – Crossover Episode With FCRA Focus Podcast
CFPB's Rulemaking Under the FCRA (Part 3) – Crossover Episode With The Consumer Finance Podcast
CFPB's Rulemaking Under the FCRA (Part 2) – Crossover Episode With FCRA Focus Podcast - Consumer Finance Podcast
While every employer engages in some due diligence when considering a new hire, if your company routinely, or even occasionally, obtains a “consumer report” as a way to vet candidates, it behooves you to understand the rules...more
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
Employment background checks help employers hire individuals with integrity whom they can trust, and who do not present a risk to the business, other employees, or the customers and clients that the business serves. Buyers in...more
The real estate industry, and the people employed in it, build and maintain communities driving domestic growth. Naturally, employers in the real estate world want to know their employees are reliable and trustworthy. ...more
On April 4, 2022, the U.S. Court of Appeals for the Eighth Circuit joined the Ninth Circuit in holding that a plaintiff lacked Article III standing to prosecute her statutory claims under the Fair Credit Reporting Act (FCRA)...more
Changes to Philadelphia law will further restrict employers’ use and reliance on applicant, current employee, and independent contractor background information and affect the employee application and employee management...more
How to Hire a Super Hero - An employer subject to the Fair Credit Reporting Act (FCRA) and state “mini-FCRA” laws, which are generally more restrictive than the FCRA, can obtain investigative consumer reports, i.e.,...more
The year 2020 was an unprecedented year, but one thing remained constant: the number of Fair Credit Reporting Act (FCRA) case filings continued to increase dramatically. In addition to new filings, the year saw several key...more
The case law surrounding the Fair Credit Reporting Act (FCRA) is ever-changing, and staying up to date on certain, key statutory definitions is a core compliance task for any company subject to the FCRA....more
The Ninth Circuit recently issued two mostly pro-employer federal Fair Credit Reporting Act (FCRA) background check decisions that held: ..background check disclosures may contain some concise explanatory language, but...more
Many employers use background checks to guarantee it hires the best candidates—and to minimize legal liability for claims like negligent hiring. Unfortunately, this attempt to prevent one type of liability may...more
A federal court’s recent decision demonstrates the value in reviewing all documents related to the independent contractor background screening process to attempt to solidify potential defenses to expansive class-action...more
The roller coaster of employer liability under the background check provisions of the Fair Credit Reporting Act (FCRA) recently took an upswing with the California Court of Appeals’ decision in Culberson v. Walt Disney Parks...more
Since 2011, the number of Fair Credit Reporting Act (FCRA) lawsuits filed annually has continued to climb. The data demonstrates that employers struggle with compliance, especially regarding the FCRA’s disclosure...more
Two weeks ago, the U.S Court of Appeals for the Ninth Circuit held in Gilberg v. California Check Cashing Stores, LLC that a federal background check disclosure form that also included state law notices violated the Fair...more
The time to act is now. Employers should take a look at their background check forms in light of a recent ruling of the U.S. Court of Appeals for the Ninth Circuit that state disclosures cannot be combined with the...more
Almost two years ago to the day, the U.S. Court of Appeals for the Ninth Circuit became the first appellate court to rule on the lawfulness of a liability waiver in a Fair Credit Reporting Act (FCRA) disclosure. ...more
On November 29, 2018, the Ninth Circuit Court of Appeals issued a decision in Mitchell v. Winco Foods, No. 17-35998, 2018 U.S. App. LEXIS 33483 (9th Cir. Nov. 29, 2018); a Fair Credit Reporting Act (“FCRA”) case on appeal...more
Effectively immediately, employers who perform background checks on applicants or employees using third party consumer reporting agencies (these background checks are known as “consumer reports”)...more
A little-known provision of a new federal law will likely impact the hiring process of most employers. On September 12, 2018, without seeking any public comment and with no advanced notice, the Consumer Financial Protection...more
As of September 21, 2018, employers who use third-party vendors to obtain background checks must utilize an updated version of the “Summary of Your Rights” disclosure as required by the Fair Credit Reporting Act (FCRA). With...more
Employers that use criminal record-screening policies must continue to be vigilant about compliance with all applicable laws and should know that the EEOC’s scrutiny of such policies, while perhaps scaled back, has not ended....more
The federal Fair Credit Reporting Act (FCRA) provides protections for persons subject to “consumer reports” provided by third parties, including criminal background and credit checks mandated by employers. The employee or...more
On August 29, the Seventh Circuit reentered the multi-front fray that has broken out among lower courts in the wake of the Supreme Court’s 2016 decision in Spokeo v Robins, 136 S. Ct. 1540 (2016). ...more
On September 12, 2018, the Consumer Financial Protection Bureau (CFPB), the federal agency which oversees the federal Fair Credit Reporting Act (FCRA) issued an interim final rule updating the agency’s model FCRA notice....more