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Credit Reports Debt

Goodwin

CFPB Proposes Rule to Ban Medical Debt from Credit Reports

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Earlier this month, the Consumer Financial Protection Bureau (CFPB) issued a proposed rule to amend Regulation V, which implements the Fair Credit Reporting Act (FCRA), as to medical information and debt. This proposed rule...more

Troutman Pepper

Nevada Federal Court Declines to Decide at Summary Judgment Stage Whether Pre-Dispute Investigation Was Sufficient to Satisfy FCRA

Troutman Pepper on

A federal district court judge in Nevada recently denied competing motions for summary judgment in a Fair Credit Reporting Act (FCRA) furnisher investigation case, demonstrating the challenges FCRA litigants often face in...more

Sheppard Mullin Richter & Hampton LLP

CFPB Initiates FCRA Rulemaking on Medical Debt and Data Brokers

On September 21, the CFPB announced that it has initiated a rulemaking process under the Fair Credit Reporting Act (“FCRA”) that would remove medical bills from consumer credit reports. The CFPB also published an Outline...more

Orrick, Herrington & Sutcliffe LLP

District Court: Failure to investigate duplicate reporting dispute could violate the FCRA

On March 10, the U.S. District Court for the Southern District of Illinois ruled a defendant credit union failed to properly report an individual’s debt to a consumer reporting agency or investigate his dispute. ...more

K&L Gates LLP

District Court Shows Timeshare "Exit" Attorney the Exit

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In May of 2022, a New Jersey District Court ruled in favor of Diamond Resorts, declining to find them liable under the Fair Credit Reporting Act. The case, Esperance v. Diamond Resorts, provides insight on how courts are...more

Troutman Pepper

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

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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

Burr & Forman

Alabama District Court Dismisses FCRA Claim Based on Alleged Failure to Remove Dispute Notation

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The U.S. District Court for the Middle District of Alabama joined a growing number of courts dismissing FCRA claims based upon a furnisher’s alleged failure to remove an “account in dispute” notation from consumer credit...more

Balch & Bingham LLP

Eleventh Circuit’s “Narrow” Holding May Open Wide Disputes About Duties Under The FCRA

Balch & Bingham LLP on

The Eleventh Circuit recently weighed in on a common practice—reporting debts subject to bankruptcy. In the process of so doing, the opinion in Losch v. Nationtar Mortgage LLC provided litigants some key insights in Fair...more

Benesch

Reporting a Charged Off Debt As Past Due Is Not Inaccurate Under the FCRA

Benesch on

Failing to pay your credit card bills doesn’t pay. And it shouldn’t. But that doesn’t stop some debtors from at least trying to make a personal pay day out of it under the Fair Credit Reporting Act (“FCRA”), as evidenced by...more

Burr & Forman

CFPB Releases COVID-19 Credit Reporting Guidance

Burr & Forman on

On April 1, 2020, the Consumer Financial Protection Bureau (“CFPB”) released a policy statement providing guidance on credit reporting companies’ and furnishers’ responsibilities during COVID-19. The CFPB’s policy statement...more

Ballard Spahr LLP

CDIA and Metro 2 approve new special comment code for extinguished debts

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Recently, the Consumer Data Industry Association (CDIA) and the Metro 2 Taskforce approved a new Special Comment Code in FAQ 69.  According to CDIA’s press release , the new code, “DE = Debt Extinguished Under State Law,”...more

Ballard Spahr LLP

New Putative FCRA Class Action May Signal a Trend

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A borrower recently filed a putative class action against Fannie Mae under the Fair Credit Reporting Act (FCRA) in federal court in Washington, D.C., alleging that Fannie engaged in unauthorized inquiries into borrowers'...more

Burr & Forman

Dodd-Frank News: November 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

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The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

Ballard Spahr LLP

Flurry of FCRA Complaints Recently Filed in Nevada Courts

Ballard Spahr LLP on

Approximately 50 cases have been filed recently in Nevada state and federal courts against furnishers of information and credit reporting agencies (CRAs) for alleged Fair Credit Reporting Act (FCRA) violations. It appears...more

Goodwin

CFPB Releases Report on Medical Debt and Consumer Credit Scores

Goodwin on

The CFPB’s Office of Research released a report showing findings that medical debt that goes into collections and shows up on credit reports may result in over-penalization with regard to consumer credit scores. The study...more

Snell & Wilmer

Global Connection - May 2013: Ninth Circuit Strikes Down $45 Million Class Action Settlement and Issues Warning About Use of...

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Citing a conflict of interest between class representatives and a class, the Ninth Circuit Court of Appeals recently invalidated a $45 million class action settlement that had previously been approved by the district court....more

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