News & Analysis as of

FTC Announces Settlements with Data Brokers over Alleged FCRA Violations

The Federal Trade Commission recently announced two more settlements with data brokers for alleged violations of the Fair Credit Reporting Act (FCRA). The settlements with Instant Checkmate, Inc., InfoTrack Information...more

The FTC Takes a Closer Look at Alternative Scoring Products

The Federal Trade Commission (“FTC”) hosted a panel discussion, in late March on “Alternative Scoring Products” as part its 2014 Spring Privacy Series, signaling the Commission’s increased attention on this burgeoning...more

What’s New with the EEOC?

The Equal Employment Opportunity Commission (EEOC) has issued two new Guidance documents in March. Use of Background Checks - The EEOC and the Federal Trade Commission (FTC), which enforces the Fair Credit...more

Did You Know...Background Checks – Buyer [Employer] Beware!

As we recently reported at our annual employment law seminar and underscored in “Did You Know…New Informal Guidance From EEOC & FTC Re Background Checks,” background checks are not only the focus of the EEOC and FTC, but also...more

FTC and EEOC Issue Joint Guidance on Employer Use of Background Checks

A new joint publication of the Federal Trade Commission (FTC) and Equal Employment Opportunity Commission (EEOC) serves as a reminder to employers of the risks that come with the use of background information when making...more

Background Check Guidance from the FTC and EEOC

On March 10, 2014, the Federal Trade Commission ("FTC") and the Equal Employment Opportunity Commission ("EEOC") jointly issued two short guides on the use of background checks in hiring and personnel decisions. Generally...more

Background Check Forms Face Increased Scrutiny in Federal Court

Businesses should check their background check consent forms and their pre-adverse action waiting periods, after a recent federal court decision out of Pennsylvania. ...more

FTC Continues Aggressive FCRA Enforcement against Data Brokers

The Federal Trade Commission continues to aggressively enforce the Fair Credit Reporting Act (FCRA) against data brokers, as shown by its recent settlement with TeleCheck Services, Inc. The settlement requires TeleCheck to...more

FTC Settles with National Consumer Reporting Agency for Alleged Violations of FCRA

The FTC reached a settlement with a national consumer reporting agency and its debt collection affiliate for violations of the Fair Credit Reporting Act and Section 5 of the FTC Act. FCRA imposes obligations on consumer...more

Careful! Your Company May Be a Defacto Data Broker: Are Privacy Regulators Going for Broke(rs) as part of the 2014 Legislative and...

Concerns about privacy practices in the data broker industry, and the privacy implications about the lack of transparency “behind-the-scenes,” will remain a topic of intense regulatory and legislative focus in 2014. The...more

FTC Settles First FCRA Risk-Based Pricing Notice Enforcement Action

The Federal Trade Commission recently announced the settlement of its first enforcement action for alleged violations of the Fair Credit Reporting Act (FCRA) risk-based pricing rule (Rule). The settlement demonstrates that...more

Litigating in the Gap Between Theory and Reality - Reseller Liability Under Section 1681e(b) of the Fair Credit Reporting Act

One of the most significant sources of litigation risks for niche businesses occurs when the statutory laws governing their conduct fail to reflect the real-world context of the industries in which they operate. Because even...more

CFPB, FTC Join In FCRA Amicus Brief

On October 4, the CFPB and the FTC filed an amicus brief in a Fair Credit Reporting Act (FCRA) case pending in the Ninth Circuit. The brief argues that the seven-year period during which a criminal arrest can be reported...more

CFPB files amicus brief in FCRA case

The CFPB recently filed its first amicus brief in a Fair Credit Reporting Act (FCRA) case. This brief, like the amicus brief the CFPB filed in August 2013 in the Seventh Circuit in a Fair Debt Collection Practices Act case,...more

"Eye on Privacy" Newsletter - September 2013

In this issue: - Digital Advertising Alliance Releases Guidance on the Application of Its Self-Regulatory Principles to the Mobile Environment - TCPA Update: Recent Decisions and Significant Upcoming Change to...more

Privacy: The FTC Takes Action And Warns Private Industry

If you had asked me ten years ago whether privacy would become the focus of government enforcement actions, I would have brushed aside the issue with a cavalier – “No Way!!” In the aftermath of 9/11, there was always a focus...more

Advertising Law -- Sep 04, 2013

FTC Members Speak Out About Data Brokers, Big Data - Federal Trade Commission Chairwoman Edith Ramirez and Commissioner Julie Brill both spoke out recently about the issue of “big data.” Referencing the...more

’60 Minutes’ Show Gets Facts All Wrong in Report on Credit Reporting Agencies

The credit reporting industry – dominated by Experian, Equifax and Transunion – maintains a precarious balance of obligations: On the one hand, these companies bear a responsibility to banks and other businesses at large to...more

FTC ‘Checks’ In With $3.5 Million Consent Order Under Fair Credit Reporting Act

This week the Federal Trade Commission entered into a consent decree with Certegy Check Services, one of the nation’s check authorization service companies, pursuant to which Certegy has agreed to pay $3.5 million to settle...more

FTC Looking Closely at Impact on Consumers of ‘Big Data’

Manufacturers and marketers know that the more consumer data they have, the more they can tailor and direct their advertising, their products, and their product placement. This helps them to maximize sales and minimize costs....more

The Download - June 2013

In this issue: - Senate Commerce Committee Examines “Do Not Track” Status Around the Agencies - FTC to Hold Workshop on the Internet of Things - FTC’s Revised COPPA Rule to Take Effect July 1st - ...more

Advertising Law -- May 23, 2013

SPECIAL FOCUS: CFPB - On May 9, 2013 the Federal Trade Commission sent a letter to the Bureau of Consumer Financial Protection (“CFPB”) that describes its enforcement actions and other activities during 2012 with...more

FTC Sharpens Focus On Data Brokers

On May 7, the FTC released letters it sent to 10 data brokers warning that certain of the brokers’ practices could violate FCRA privacy protections. ...more

FTC: Data Brokers That Compile Tenant Data May Be Covered by FCRA

On April 3, 2013, the Federal Trade Commission issued a press release that marks yet another step in its continuing trend of actions involving data brokers and data providers. As we have noted in earlier blog posts, the...more

“Red Flag” Compliance Requirements Come to Investment Advisors, Broker-Dealers

It has been several years since the Federal Trade Commission’s Red Flag Rule took effect; and the banking regulators have had the Red Flag Interagency Guidance in place since 2007. Finally, entities regulated by the...more

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