News & Analysis as of

Consumer Reports

Sheppard Mullin Richter & Hampton LLP

CFPB Issues Interpretive Rule Asserting Federal Preemption Over State Medical Debt Credit Reporting Laws

On October 28, the CFPB issued an interpretive rule under the Fair Credit Reporting Act (FCRA) declaring that federal law generally preempts state laws governing the content of consumer credit reports. The Bureau’s action,...more

Troutman Pepper Locke

CFPB Revokes 2022 Interpretive Rule on FCRA Preemption Scope

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On October 28, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a new interpretive rule replacing its 2022 interpretive rule (withdrawn in May 2025) concerning the scope of preemption under the Fair Credit...more

McGlinchey Stafford

Homebuyers Privacy Protection Act Amends FCRA for Enhanced Consumer Privacy

McGlinchey Stafford on

On September 5, 2025, President Trump signed into law H.R. 2808, the Homebuyers Privacy Protection Act (Act). The Act amends section 604(c) of the Fair Credit Reporting Act (15 U.S.C. § 1681b(c)) “to prevent consumer...more

Wiley Rein LLP

FTC Consumer Protection and Privacy Enforcement Series: The Fair Credit Reporting Act—Who Is Covered and How to Comply

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For the latest installment of our series of practical insights on emerging Federal Trade Commission (FTC) consumer protection and data privacy priorities, we discuss coverage and requirements under the Fair Credit Reporting...more

Orrick, Herrington & Sutcliffe LLP

CFPB extends comment period for proposed rule amending Regulation V

On February 28, the CFPB extended the public comment period for its proposed rule amending Regulation V, which implements the FCRA, from March 3 to April 2. As previously covered by InfoBytes, the proposed rule was released...more

Troutman Pepper Locke

CFPB Continues “Pausing” Litigation: This Time in Medical Debt Rule Litigation

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The Consumer Financial Protection Bureau (CFPB or Bureau) requested and was granted a 90-day stay in the litigation involving trade associations Cornerstone Credit Union League (Cornerstone) and the Consumer Data Industry...more

Tucker Arensberg, P.C.

A Primer on AI Issues in the Workplace - Part 1

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Employers that use tracking technology and artificial intelligence (AI) to monitor workers and make employment decisions may now have one more thing to worry about—the Fair Credit Reporting Act (FCRA)....more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: The CFPB's Proposed Data Broker Rule

Ballard Spahr LLP on

In today's episode, we discuss the CFPB’s recent proposed data broker rule—a proposal that would greatly expand the reach of the Fair Credit Reporting Act. On December 3, the CFPB issued a proposed rule promoted as one that...more

Troutman Pepper Locke

Trade Associations File Challenge to CFPB’s Rule on Medical Debt in Consumer Reports

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The Consumer Financial Protection Bureau (CFPB or Bureau) finalized a rule aimed at removing an estimated $49 billion in medical bills from the consumer reports of approximately 15 million Americans. This rule amends...more

Arnall Golden Gregory LLP

CFPB Proposed FCRA Rulemaking Could Significantly Expand FCRA Coverage and Restrict Access to Information

The Consumer Financial Protection Bureau (“CFPB”) has published a Notice of Proposed Rulemaking (“NPRM”) titled “Protecting Americans From Harmful Data Broker Practices” 89 Fed. Reg. 101402 (Dec. 13, 2024). If adopted in its...more

Orrick, Herrington & Sutcliffe LLP

CFPB maintains 2025 FCRA disclosure charge at $15.50

On November 29, the CFPB announced in the Federal Register a final rule amending Regulation V (12 C.F.R. Part 1022), which implements the FCRA. The rule sets maximum allowable charge for consumer file disclosures at $15.50...more

Mayer Brown

CFPB Releases Long-Awaited Proposed Amendments to Regulation V to Regulate Data Brokers

Mayer Brown on

On December 3, 2024, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) issued a proposed rule (the “Proposed Rule”) to amend Regulation V, which implements the Fair Credit Reporting Act (FCRA). The Proposed...more

Orrick, Herrington & Sutcliffe LLP

CFPB seeks comment on ANPR to amend Regulation V

On December 9, the CFPB issued an advance notice of proposed rulemaking (ANPR) to request public comment on potential amendments to Regulation V, which implements the FCRA. As described by the CFPB, the ANPR would address...more

Orrick, Herrington & Sutcliffe LLP

CFPB issues NPRM amending Regulation V to cover data brokers

On December 3, the CFPB released a proposed rule to amend Regulation V, which implements the FCRA in an attempt to have the FCRA cover the activities of data brokers by amending the definitions of “consumer reports” and...more

Ballard Spahr LLP

CFPB proposes FCRA rule with potential implications far beyond the stated focus on data brokers

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The CFPB has proposed a rule that it promotes as ensuring that Fair Credit Reporting Act (FCRA) protections are applied to sensitive consumer information that the statute was designed to protect, including information sold by...more

Cooley LLP

CFPB Proposes New Rules That, If Finalized, Would Significantly Expand FCRA’s Reach

Cooley LLP on

On December 3, 2024, the Consumer Financial Protection Bureau (CFPB) issued a notice of proposed rulemaking (NPR) – Protecting Americans from Harmful Data Broker Practices. The CFPB’s proposal would amend Regulation V, which...more

Hogan Lovells

CFPB targets data broker industry in proposed amendments to Fair Credit Report Act regulations

Hogan Lovells on

The Consumer Financial Protection Bureau this week issued a proposed rule that seeks to bring data brokers within the definition of a consumer reporting agency, citing national security and privacy concerns in order to give...more

Wiley Rein LLP

CFPB Proposes to Expand Reach of Fair Credit Reporting Act to “Data Brokers” and Beyond

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On December 3, 2024, the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking (NPRM or Proposed Rule) that proposes to significantly expand the scope of the Fair Credit Reporting Act (FCRA) to...more

McGlinchey Stafford

Court Rejects Conclusory Allegations of Willful Violations for FCRA Claims

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A United States Magistrate Judge for the U.S. District Court for the Northern District of Georgia found that the Plaintiff’s claim arising under the Fair Credit Reporting Act (FCRA) was not sufficiently alleged but stopped...more

Troutman Pepper Locke

The CFPB Proposes New FCRA Rule to Dramatically Expand Its Scope, Though Finalization is Unlikely

Troutman Pepper Locke on

On December 3, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a proposed rule for public comment aimed at amending Regulation V, which implements the Fair Credit Reporting Act (FCRA). The proposed rule seeks...more

Mitratech Holdings, Inc

How Far Back Does a Background Check Go?

Background checks are an essential part of the hiring process and personal safety. But how far back do they go? If you’ve ever wondered about the time limits on background checks, you’re not alone....more

Orrick, Herrington & Sutcliffe LLP

Congressional Research Service updates its report on alternative data used by credit reporting agencies

On November 7, the Congressional Research Service updated its report on the use of alternative data in financial services. Credit rating agencies rely traditionally on standard data points such as repayment history on...more

Fisher Phillips

Employers and Vendors Have FCRA Obligations When Using Workplace AI Tools: Your Step-by-Step Compliance Guide

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The government recently reminded employers and vendors that they have obligations when it comes to use of workplace-related AI tools – and your business may need to update its practices in order to comply. The Consumer...more

McGlinchey Stafford

CFPB Issues New Guidance on AI in Employment Decisions

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Technology—what did we ever do without it? There are many technological programs at an employer’s disposal, ranging from checking a candidate’s background during the application process to surveilling employee activity by...more

Orrick, Herrington & Sutcliffe LLP

CFPB provides guidance on employer responsibilities and surveillance under the FCRA

On October 24, the CFPB published Consumer Financial Protection Circular 2024-06, providing guidance on the use of background dossiers, algorithmic scores, and other third-party consumer reports by employers in making...more

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