News & Analysis as of

Equifax Credit Reporting Agencies Fair Credit Reporting Act (FCRA)

McGlinchey Stafford

FCRA Action Dismissed for Lack of Standing and Failure to State a Claim

McGlinchey Stafford on

In July 2024, the United States Court for the District of Massachusetts dismissed a pro se litigant’s claims against Experian Information Services LLC (Experian), TransUnion LLC (TransUnion), and Equifax Information...more

McGlinchey Stafford

FCRA Claims Against Credit Reporting Agencies: NY Court Emphasizes Minimal Pleading Requirements

McGlinchey Stafford on

On June 6, 2024, the United States District Court for the Eastern District of New York dismissed claims for violations of the Fair Credit Reporting Act (FCRA)—15 U.S.C. §§ 1681e(b) and 1681i in particular—against a credit...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #376 – Credit Reporting Agencies Extend Program to Check Credit Report Weekly for Free

Credit reporting agencies TransUnion, Experian, and Equifax have extended their programs to provide consumers with the ability to access their credit reports for free on a weekly, rather than yearly, basis....more

Troutman Pepper

Key Takeaways From the New Onslaught of FCRA Filings

Troutman Pepper on

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

Womble Bond Dickinson

Fifth Circuit Affirms Dismissal FCRA Claims Based on Failure to Include a Single Credit Item on Credit Reports

Womble Bond Dickinson on

In Hammer v. Equifax, the Fifth Circuit affirmed the district court’s dismissal of FCRA claims against Experian and Equifax in a September 9, 2020 published decision. Accepting the allegations of the twice amended...more

Womble Bond Dickinson

Equifax Settles FCRA Claims Related to Reporting of Civil Judgments and Tax Liens

Womble Bond Dickinson on

As part of its business, Equifax reports publicly available civil judgment and tax lien information about consumers. However, in multiple class action lawsuits filed across the United States, plaintiff-consumers alleged that...more

Womble Bond Dickinson

Equifax Dodges FCRA Claims From 2017 Data Breach

Womble Bond Dickinson on

In 2017, Equifax, one of the three major credit reporting agencies, revealed a breach that could have compromised the data of 143 million consumers. This data breach led to a multitude of lawsuits against Equifax, including...more

Robinson+Cole Data Privacy + Security Insider

Federal Legislation Enables Consumers to Obtain Security Freezes on Credit Reports Free of Charge

Federal legislation recently took effect that prohibits consumer reporting agencies from charging a fee to place or remove (lift) a security freeze on a consumer credit report in response to a consumer request. ...more

Womble Bond Dickinson

What’s a “Reasonable” Reinvestigation: Defining Consumer Reporting Agency Obligations Under FCRA

Womble Bond Dickinson on

Last week, the District Court for Colorado offered important insight into what it means for consumer reporting agencies to conduct a “reasonable reinvestigation” into a dispute. In Thomas v. Hyundai Capital Am., the plaintiff...more

Womble Bond Dickinson

Check Your Sources: a “Source” is Likely the Entity that Directly Provides the Information to the Credit Reporting Agency

Womble Bond Dickinson on

In Shimon v. Equifax Info. Servs. Llc, No. 18-cv-2959 (BMC), 2018 U.S. Dist. LEXIS 174665 (E.D.N.Y. Oct. 8, 2018), the court held that for purposes of 15 U.S.C. § 1681g, the “source” of information is the party that provides...more

Ballard Spahr LLP

Proposed Credit Reporting Changes Pass House With Mixed Reviews

Ballard Spahr LLP on

Consumer advocacy groups are questioning the purported benefits of H.R. 435 the “Credit Access and Inclusion Act of 2017,” a bill that passed with bipartisan support in the House of Representatives in June, and is currently...more

Mayer Brown

Fourth Circuit Issues Mixed-Bag Decision On Punitive Damages In FCRA Cases

Mayer Brown on

Inevitably, when conscientious judges delve into the multi-dimensional issue of excessive punitive damages, they get some things right and other things wrong. Such is the case with the Fourth Circuit’s recent decision in...more

Goodwin

Eleventh Circuit Affirms Dismissal in FCRA Class Action

Goodwin on

Last week, the Eleventh Circuit affirmed the Northern District of Georgia’s dismissal of a putative Fair Credit Reporting Act (FCRA) case against Equifax and Transunion. In Pedro v. Equifax, Inc., plaintiff sought to...more

Carlton Fields

Limits of Ascertainability Reached in Class Allegations Against Equifax

Carlton Fields on

Plaintiff, hoping to recover from Equifax for issuing a credit report with “incorrect and damaging information,” sought to represent a class of “all persons who disputed an Equifax credit report and where Equifax failed to...more

Ballard Spahr LLP

State AG – Credit Bureaus Settlement: What Furnishers Need to Know - More than 30 state attorneys general reached a settlement...

Ballard Spahr LLP on

Last week, Ohio Attorney General Mike DeWine issued a press release announcing the results of a multi-state investigation into the three national credit reporting agencies (CRAs) - Equifax Information Services LLC, Experian...more

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