Latest Posts › Fair Credit Reporting Act (FCRA)

Share:

Double Reporting Leads to Denial of Summary Judgment in Illinois FCRA Case

An Illinois federal district court recently denied a creditor-defendant’s motion for summary judgment in a Fair Credit Reporting Act (FCRA) case brought by a consumer who questioned why his debt was being reported twice — as...more

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

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

2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast [Audio]

Please join Consumer Financial Services Partner Chris Willis in this inaugural crossover episode with Partner Dave Gettings of FCRA Focus in welcoming their guests and fellow Partners Cindy Hanson and David Anthony. Dave,...more

2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus [Audio]

Please join Consumer Financial Services Partner Dave Gettings in this inaugural crossover episode with Partner Chris Willis of The Consumer Finance Podcast in welcoming their guests and fellow Partners Cindy Hanson and David...more

Year-End Report Reveals Continuing Trend of Increased FCRA and Decreased FDCPA and TCPA Filings in 2022

According to a recent year-in-review report by WebRecon, Fair Credit Reporting Act (FCRA) filings continued their slow-but-steady increased pace throughout 2022. On the other hand, filings under the Fair Debt Collection...more

U.S. House Bill Proposes Excluding Pandemic Evictions From Consumer Reports

On January 20, Representative Steve Cohen (D-Tenn) introduced the Keeping Evictions Off Credit Reports Act, H.R. 1594, in the U.S. House of Representatives seeking to prohibit evictions due to the COVID-19 pandemic from...more

Second Circuit Holds No FCRA Violation When Dischargeability of Debt is a Legal Question

Should credit reporting agencies (CRAs) be held liable under the Fair Credit Reporting Act (FCRA) for alleged reporting inaccuracies that turn on legal disputes? According to the Second Circuit in a recent decision, the...more

Ramirez Case Reaches Final Approval of Class Settlement

On December 15, 2022, the parties in TransUnion LLC v. Ramirez — a case that went all the way to the Supreme Court in 2021 to resolve questions of Article III standing — obtained final approval of their class settlement...more

CFPB Focuses on Junk Fees, Credit Reporting, and COVID-19 Relief Funds in Latest Supervisory Highlights

On November 16, the Consumer Financial Protection Bureau (CFPB) released a new Supervisory Highlights report, focusing on the auto servicing industry, consumer reporting, mortgage servicing, and COVID-19 relief funds. The...more

CFPB Warns CRAs and Furnishers of FCRA Liability for Failing to Conduct Proper Investigations

On November 10, the Consumer Financial Protection Bureau (CFPB) published a circular, stating that both consumer reporting agencies (CRAs) and furnishers may be held liable under the Fair Credit Reporting Act (FCRA) for...more

CPFB Issues Final Rule for Credit Reporting for Survivors of Human Trafficking

On June 23, the Consumer Financial Protection Bureau (CFPB) issued a final rule, prohibiting consumer reporting agencies (CRAs) from reporting adverse information resulting from human trafficking on survivors’ credit reports....more

Keeping Up With the Bureau Episode 2: FCRA Preemption Issues, Infringing State Laws, and the CFPB's Position [Audio]

Please join Consumer Financial Services Partner Kim Phan and her guests and colleagues Alan Wingfield and David Anthony in the second episode of a special four-part series on recent developments with the Consumer Financial...more

Third Circuit Adopts “Reasonable Reader” Standard for Evaluating Whether a Credit Report Is Inaccurate or Misleading

What standard should courts use to determine whether information contained in a consumer’s credit report is inaccurate or misleading? According to the Third Circuit in a recent precedential decision, the standard should be...more

Hyundai Ordered to Pay $19 Million in Penalties in CFPB’s Largest Fair Credit Reporting Case Against an Auto Servicer

The Bureau of Consumer Financial Protection (CFPB) ordered Hyundai Capital America (Hyundai) to pay $19.2 million for allegedly providing inaccurate information to consumer reporting agencies, including, the CFPB alleged,...more

Eastern District of Pennsylvania Analyzes CRA Definition Under the FCRA

On February 25, the U.S. District Court for the Eastern District of Pennsylvania held that a purported public records vendor (Credit Lenders Service Agency or CLSA) is a consumer reporting agency (CRA) under the Fair Credit...more

CFPB Urges States to Regulate Consumer Reporting, Weighing in on Limited FCRA Preemption of State Law

On June 28, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule, encouraging states to enact more laws regulating consumer reporting, arguing that states’ powers are only constrained in limited ways by...more

FTC and CFPB Join Forces on Amicus Brief Arguing That FCRA Does Not Distinguish Between Legal and Factual Inaccuracy

On May 5, the Consumer Financial Protection Bureau (CFPB or Bureau) and the Federal Trade Commission (FTC) together filed an amicus brief in an appeal pending before the Court of Appeals for the Second Circuit, Sessa v. Trans...more

CFPB Argues the FCRA Requires Furnishers to Investigate Legal Issues Raised in Consumer Disputes

On April 7, the Consumer Finance Protection Bureau (CFPB or Bureau) filed an amicus brief in an appeal, pending before the Court of Appeals for the Eleventh Circuit in which the Bureau argued that the Fair Credit Reporting...more

Key Takeaways From the New Onslaught of FCRA Filings

Following an unprecedented year, lawsuits under the Fair Credit Reporting Act continue to be filed with ever-increasing frequency and consequence. Originally published in Law360 on January 28, 2022. ...more

FCRA Litigation: A Look Ahead for 2022 - FCRA Focus Podcast [Audio]

Join Troutman Pepper Consumer Financial Services Partner Dave Gettings for a special podcast series dedicated to exploring the Fair Credit Reporting Act (FCRA). In this inaugural episode, Dave talks with fellow Troutman...more

After Remand from Supreme Court, TransUnion v. Ramirez Parties Reach Class Settlement

Last June, the Supreme Court issued a noteworthy decision in the TransUnion v. Ramirez case, holding that the vast majority of an 8,000-plus member Fair Credit Reporting Act (FCRA) class lacked standing because they had not...more

A Sign of Things to Come? FDCPA, FCRA, and TCPA Filings Increase in January 2022 Compared to Same Time Period Last Year

The filing lawsuits under the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA) increased dramatically in the first month of 2022 when compared...more

CFPB Releases List of “Consumer Reporting Companies” and Encourages Consumers to File More FCRA Suits

In late January, the Consumer Financial Protection Bureau (CFPB) released its 2022 “List of Consumer Reporting Companies.” This list purports to give consumers “the details [they] need to take action” against companies that...more

Federal Court Grants Summary Judgment Holding Reporting of Loan During COVID-19 Forbearance as Accurate

In December 2021, a federal judge granted a motion for summary judgment in Mitchell v. Specialized Loan Servicing LLC, holding that defendant Specialized Loan Servicing LLC (Specialized Loan) properly reported plaintiff Eric...more

Ninth Circuit Affirms Summary Judgment for CRA in Seven-Year Look-Back Case

On February 10, the Ninth Circuit affirmed a Central District of California decision, finding that a consumer reporting agency (CRA) did not violate the Fair Credit Reporting Act (FCRA) when it reported a criminal record with...more

128 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide