News & Analysis as of

Fair Credit Reporting Act (FCRA)

Cadwalader, Wickersham & Taft LLP

CFPB Report Concludes That GLBA and the FCRA Are Showing Their Age

On November 12, the Consumer Financial Protection Bureau (“CFPB”) published a report called “State Consumer Privacy Laws and the Monetization of Consumer Financial Data” that took an uneven look at how Federal financial...more

Locke Lord LLP

The Intangible Concrete Injury: A 2024 Update of Post-TransUnion Decisions on ‎Standing for Data Breach Class Actions

Locke Lord LLP on

Jurisprudence on Article III standing requires a plaintiff to demonstrate an injury in fact, which must be both (1) concrete and (2) actual or imminent. For a plaintiff seeking redress in a data breach case, sufficiently...more

Fisher Phillips

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

Fisher Phillips on

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

Blank Rome LLP

The BR Privacy & Security Download: November 2024

Blank Rome LLP on

Welcome to this month’s issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security, & Data Protection practice....more

Husch Blackwell LLP

The CFPB in 2025: What to Expect Following the Election

Husch Blackwell LLP on

2024 has been an eventful year for the CFPB. As we detailed in June, the CFPB survived its second constitutional challenge at the Supreme Court in CFSA v. CFPB, and “[n]ewly emboldened, the CFPB’s already robust policy agenda...more

McGlinchey Stafford

CFPB Issues New Guidance on AI in Employment Decisions

McGlinchey Stafford on

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

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

CFPB Issues Guidance With Aggressive Interpretation of FCRA Applicability to Employee Monitoring and Screening Tools

The Consumer Financial Protection Bureau (CFPB) recently issued guidance that takes an aggressive position regarding the scope of the Fair Credit Reporting Act (FCRA) as covering certain employee monitoring and assessment...more

Arnall Golden Gregory LLP

CFPB Circular Targets Workplace Monitoring Tools

On October 24, 2024, the Consumer Financial Protection Bureau (“CFPB”) issued a circular titled “Background Dossiers and Algorithmic Scores for Hiring, Promotion, and Other Employment Decisions.” In essence, the circular...more

Cooley LLP

CFPB Says FCRA May Govern Background Report Providers and Users, Including Tech Companies

Cooley LLP on

On October 24, 2024, the Consumer Financial Protection Bureau (CFPB) issued a consumer financial protection circular explaining that background reports, including scores, obtained from third parties and “used by employers to...more

Kelley Drye & Warren LLP

AI Alert: CFPB Tightens FCRA Rules for Employers

On October 22, 2024 the Consumer Financial Protection Bureau (CFPB) released the final version of the Personal Financial Data Rights Rule (that we reported about here). However, the CFPB did not rest there, two days later it...more

Seward & Kissel LLP

Employment Litigation Roundup: October 2024

Seward & Kissel LLP on

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”) amended the Federal Arbitration Act to prohibit mandatory arbitration of sexual harassment and sexual assault claims. In Doe v. Second...more

Parker Poe Adams & Bernstein LLP

Consumer Financial Protection Bureau Expresses Concerns About Use of Worker Profiling Data

Most consumers are aware that their personal data is collected, compiled, analyzed, and sold to third parties for marketing and other purposes. Many employees may not know of similar data collection practices relating to...more

Cozen O'Connor

CFPB Warns Employers That Use of Third-Party Consumer Reports Must Be Fair

Cozen O'Connor on

The CFPB issued guidance regarding “Background Dossiers and Algorithmic Scores for Hiring, Promotion, and Other Employment Decisions.” In the guidance, the CFPB warns that, like credit reports used by lenders to make lending...more

McGlinchey Stafford

Litigation Byte (October Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 4th Circuit Holds Rental Applicant Lacks Standing...more

Troutman Pepper

Troutman Pepper Weekly Consumer Financial Services Newsletter- October 2024 # 5

Troutman Pepper on

To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

Littler

The CFPB Cautions Employers About Using Technology to Track, Assess, and Evaluate Workers

Littler on

On October 24, 2024, the federal Consumer Financial Protection Bureau (CFPB) published a circular cautioning employers about using workplace tracking technology, including AI, under the Fair Credit Reporting Act (FCRA). The...more

Wiley Rein LLP

Wiley Consumer Protection Download (October 29, 2024)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Orrick, Herrington & Sutcliffe LLP

CFPB survives challenge based on improper funding as court denies plaintiff’s motion to dismiss

On October 17, the U.S. District Court for the Central District of California denied a peer-to-peer lending platform’s motion to dismiss a lawsuit brought by the CFPB. The Bureau had filed a First Amended Complaint alleging...more

Holland & Hart LLP

Employer Beware: Adhere to FCRA When Using Background Dossiers

Holland & Hart LLP on

Worker Tracking and Surveillance Policy - The Consumer Financial Protection Bureau (CFPB) issued a policy clarifying that employers who use third-party data and algorithmic scores for hiring, firing, and other employment...more

Sheppard Mullin Richter & Hampton LLP

CFPB Warns Employers Regarding FCRA Rules for AI-Driven Worker Surveillance

On October 24, the CFPB issued Circular 2024-06, which warns companies using third-party consumer reports, particularly surveillance-based “black box” or AI algorithmic scores, that they must follow the Fair Credit Reporting...more

Mintz - ML Strategies

Significant New Funding Opportunity: DoD Office of Strategic Capital Loan Program to Scale Critical Technologies

Mintz - ML Strategies on

On September 30, the Department of Defense’s (DoD) Office of Strategic Capital (OSC) announced its first-ever Notice of Funding Availability (NOFA) to provide loans for technologies that are critical to US national and...more

Troutman Pepper

Unpacking the Increasingly Popular Fair Credit Billing Act

Troutman Pepper on

The Fair Credit Billing Act is not nearly as well-known to creditors and their counsel as its “fair credit” brother, the Fair Credit Reporting Act. But the FCBA is becoming increasingly popular among litigants — often pro se...more

Troutman Pepper

August 2024 Consumer Litigation Filings: Everything Up for Month and YTD

Troutman Pepper on

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

McGlinchey Stafford

FCRA Claims Fail as Mortgagor Could Not Satisfy His Repayment Obligations by Tendering Another Promise to Pay

McGlinchey Stafford on

On September 19, 2024, the District Court for the Eastern District of New York dismissed claims against the mortgage lender, its mortgage servicer, and credit reporting agencies under the Fair Credit Reporting Act (FCRA), 15...more

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