News & Analysis as of

Consumer Reporting Agencies

Sheppard Mullin Richter & Hampton LLP

CFPB Signals Sharp Reduction in Oversight Amid Shift to Virtual Exams

According to news reports, on January 29, senior officials at the Consumer Financial Protection Bureau announced internally that the agency will significantly reduce its supervisory examinations and conduct all reviews...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Groundbreaking Lawsuit Tests Whether AI Hiring Tools Trigger FCRA Compliance

A company selling artificial intelligence (AI)-powered applicant assessment tools has been hit with a lawsuit that may be the first of its kind to claim that such tools violate the federal Fair Credit Reporting Act (FCRA) and...more

Cooley LLP

CFPB Adds Disclosures to Consumer Complaint Portal

Cooley LLP on

The Consumer Financial Protection Bureau (CFPB) recently added two new disclosures and an attestation requirement to the CFPB portal through which consumers may submit complaints about a financial product or service....more

Akin Gump Strauss Hauer & Feld LLP

New Court of Appeal Rulings Find Actual Damages Not Required to Litigate Consumer Reporting Violations in California

Two California Courts of Appeal recently held that plaintiffs need not prove actual harm to bring a claim under the state’s Investigative Consumer Reporting Agencies Act (ICRAA). These holdings expose California employers,...more

Morrison & Foerster LLP

California DFPI Seeks Comment on Potential Registration and Supervision of Consumer Reporting Agencies

The California Department of Financial Protection and Innovation (DFPI) is sharpening its focus on the credit reporting ecosystem. On January 12, 2026, the DFPI issued a second invitation for public comment, seeking input on...more

Orrick, Herrington & Sutcliffe LLP

District court orders to strike one affirmative defense after CFPB motion

On January 26, in a lawsuit alleging a consumer reporting agency’s failure to reinvestigate consumer disputes and maintain reasonable policies and practices concerning the accuracy of consumer credit information, the U.S....more

Troutman Pepper Locke

2025 Consumer Litigation Filings: Everything Up Compared to 2024

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According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and Telephone Consumer Protection Act (TCPA), as well as complaints filed with...more

Amundsen Davis LLC

Can AI Applicant Screening Trigger FCRA Obligations? Lessons for Employers From the Eightfold AI Lawsuit

Amundsen Davis LLC on

This week, consumer advocate lawyers filed a nationwide class action lawsuit against a California-based tech company, Eightfold AI, in California state court. In a new approach to going after the use of AI in employment...more

Bradley Arant Boult Cummings LLP

Check on the Checking: FCRA Requirements on Employee Background Checks

The Fair Credit Reporting Act (FCRA) may not be the first employment law that comes to mind when an employer wants to reduce legal risks and avoid potential pitfalls....more

Fisher Phillips

Job Applicants Sue AI Screening Company for FCRA Violations: 5 Key Takeaways for Employers

Fisher Phillips on

A new class action lawsuit against an AI recruiting platform could have significant implications for employers using artificial intelligence to screen job candidates. Two job applicants filed suit against Eightfold AI in...more

Shipkevich PLLC

Regulatory Alert: California DFPI Considers Expanding CCFPL Registration and Reporting Requirements to Consumer-Reporting...

Shipkevich PLLC on

The California Department of Financial Protection and Innovation (“DFPI”) has issued a Second Invitation for Comments on a proposed rulemaking that would expand registration and reporting requirements under the California...more

Troutman Pepper Locke

California DFPI Considers New Consumer Reporting Registration

Troutman Pepper Locke on

On January 12, the California Department of Financial Protection and Innovation (DFPI) issued a second invitation for comments on potential regulations under the California Consumer Financial Protection Law (CCFPL) that would...more

Troutman Pepper Locke

Resellers in the Middle: Duties, Data, and Defenses Under the FCRA — FCRA Focus Podcast

Troutman Pepper Locke on

In this episode of FCRA Focus, host Dave Gettings is joined by Troutman colleagues Cindy Hanson and Noah DiPasquale for a deep dive into reseller litigation under the Fair Credit Reporting Act. The trio breaks down what a...more

Orrick, Herrington & Sutcliffe LLP

Federal Issues, GAO, Report, FHLBanks, FHFA, Loans

Recently, the CFPB released its Semi-Annual Report to Congress, covering activities during the tenure of former CFPB Director Chopra from April 1 through September 30, 2024, unless otherwise noted. On complaints, the CFPB...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit clarifies that plaintiffs do not need to prove a jury’s favor when demonstrating standing under the FCRA

On January 9, the U.S. Court of Appeals for the 9th Circuit reversed a district court’s partial grant of summary judgment and remanded a class action under the FCRA. The appeal addressed whether both named and unnamed class...more

Cooley LLP

California DFPI Seeks Comment on Potential Registration Requirement for Reporting Agencies

Cooley LLP on

On January 12, 2026, the California Department of Financial Protection and Innovation (DFPI) issued an invitation for comments on a proposed rulemaking concerning registration and reporting for consumer-reporting providers....more

Orrick, Herrington & Sutcliffe LLP

New York State enacts rights of action for coerced debt claims

On December 19, the governor of New York signed into law an act to amend the general business law, establishing a right of action for claims arising out of coerced debts. ...more

Littler

New York Is the Eleventh State to Restrict Employers’ Use of Credit History

Littler on

On December 19, 2025, New York Governor Kathy Hochul signed into law S03072, amending the New York Fair Credit Reporting Act to prohibit New York employers from obtaining or using consumer credit history in hiring and...more

Troutman Pepper Locke

New York Enacts Coerced Debt Law Protecting Survivors of Economic Abuse

Troutman Pepper Locke on

On December 19, New York Governor Kathy Hochul signed Senate Bill S1353A creating a new General Business Law article on “actions involving coerced debts.” The law is aimed squarely at survivors of domestic violence,...more

Orrick, Herrington & Sutcliffe LLP

CFPB Raises Maximum Charge for Credit File Disclosures to $16

On December 15, the CFPB issued a final rule in the Federal Register adjusting the maximum allowable charge for consumer file disclosures under the FCRA, as implemented by Regulation V. The final rule, effective January 1,...more

Sheppard Mullin Richter & Hampton LLP

CFPB Finalizes 2026 Increase to Fair Credit Reporting Act Disclosure Fee Cap

On December 15, the CFPB issued a final rule amending Regulation V under the Fair Credit Reporting Act to update the maximum amount a consumer reporting agency may charge a consumer for certain file disclosures. The amendment...more

Orrick, Herrington & Sutcliffe LLP

CFPB Publishes Eight Notices on Reinstating OMB Requirements

On December 9 and 10, the CFPB published eight notices in the Federal Register requesting comment on reinstating OMB approvals for existing information collections. The CFPB invited comments as to whether the collection of...more

Troutman Pepper Locke

Inside the Homebuyers Privacy Protection Act: A Conversation With the Mortgage Bankers Association — FCRA Focus Podcast

Troutman Pepper Locke on

On this episode of FCRA Focus, Kim Phan is joined by Rachel Kelley and Alisha Sears from the Mortgage Bankers Association to discuss the Homebuyers Privacy Protection Act, which amends the Fair Credit Reporting Act to address...more

Troutman Pepper Locke

The CFPB's FCRA Preemption Flip: What It Means for Consumer Reporting — FCRA Focus Podcast

Troutman Pepper Locke on

In this episode of FCRA Focus, co-hosts Dave Gettings and Kim Phan are joined by partner Stefanie Jackman to unpack the Consumer Financial Protection Bureau's (CFPB) evolving interpretation of Fair Credit Reporting Act (FCRA)...more

Sheppard Mullin Richter & Hampton LLP

CFPB Terminates 2023 Consent Order Against a National Consumer Reporting Agency for Alleged Security Freeze Violations

On November 3, 2025, the Consumer Financial Protection Bureau terminated its 2023 consent order against a national consumer reporting agency. The original order, issued in October 2023, required more than three million...more

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