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Fair Credit Reporting Act (FCRA)

McGlinchey Stafford

Litigation Byte (June 2025 Edition)

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SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute - On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more

Mayer Brown

States Dialing in on Mortgage Trigger Leads

Mayer Brown on

In a notable trend in state consumer financial regulation, state legislatures are increasingly seeking to regulate a variety of marketing and advertising practices, rather than limiting their regulatory focus limited to the...more

McGlinchey Stafford

Fifth Circuit Affirms FCRA Limits: Credit Reporting Agencies are Not Required to Resolve Fraud Claims

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In a case of first impression, the Fifth Circuit in Reyes v. Equifax Information Systems, L.L.C., joined the First, Seventh, Ninth, and Tenth Circuits in affirming the District Court for the Eastern District of Texas’s...more

Orrick, Herrington & Sutcliffe LLP

Fifth Circuit affirms lower court’s decision holding that a credit reporting agency did not violate the FCRA by not investigating...

On June 13, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision granting summary judgment in favor of the defendant, a credit reporting agency, and dismissing all claims brought by the...more

Orrick, Herrington & Sutcliffe LLP

Senate passes bill to amend the FCRA

On June 12, the U.S. Senate passed S. 1467, the Homebuyers Privacy Protection Act, which would amend Section 604(c) of the FCRA by adding new limitations on prescreening reports....more

Sheppard Mullin Richter & Hampton LLP

Maine Enacts Ban on Reporting Medical Debt to Credit Bureaus

On June 9, Maine Governor Janet Mills signed into law LD558, which prohibits the reporting of medical debt to consumer reporting agencies. The law bars medical creditors, debt collectors, and debt buyers from furnishing...more

Ballard Spahr LLP

House Financial Services Committee approves ‘trigger leads’ bill

Ballard Spahr LLP on

The House Financial Services Committee has approved a bill that would restrict the use of “trigger leads” in the mortgage industry. ...more

Troutman Pepper Locke

Regulatory Rollback: Inside the CFPB’s FCRA Guidance Withdrawal — The Consumer Finance Podcast

Troutman Pepper Locke on

In this special crossover episode between FCRA Focus and The Consumer Finance Podcast, Kim Phan, Dave Gettings, Chris Willis, and Cindy Hanson explore the recent withdrawal of Consumer Financial Protection Bureau (CFPB)...more

Troutman Pepper Locke

Regulatory Rollback: Inside the CFPB's FCRA Guidance Withdrawal — FCRA Focus Podcast

Troutman Pepper Locke on

In this special crossover episode between FCRA Focus and The Consumer Finance Podcast, Kim Phan, Dave Gettings, Chris Willis, and Cindy Hanson explore the recent withdrawal of Consumer Financial Protection Bureau (CFPB)...more

Kelley Drye & Warren LLP

House Subcommittee Considers Modernizing Financial Services Under a National Privacy Framework

On Thursday, the U.S. House Committee on Financial Services Subcommittee on Financial Institutions held a hearing entitled, ​“Framework for the Future: Reviewing Data Privacy in Today’s Financial System.” Hearing testimony...more

Shipkevich PLLC

2025 Litigation Trends in Consumer Finance Protection: Steady Annual Growth Despite April Dip

Shipkevich PLLC on

WebRecon's April 2025 report presents an intriguing mix of data in the consumer complaints and litigation landscape. Despite a downturn in April's case filings compared to March of this year, the year-to-date (YTD) statistics...more

Orrick, Herrington & Sutcliffe LLP

Second Circuit sides with bank in FCRA case

On May 28, the U.S. Court of Appeals for the Second Circuit affirmed a judgment issued by a district court judge in U.S. SDNY dismissing a plaintiff-appellant’s claims under the FCRA for allegedly failing to reasonably...more

Troutman Pepper Locke

Second Circuit Explains Reasonable Investigation Standard in Identity Theft Case Under FCRA

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In a recent decision, the U.S. Court of Appeals for the Second Circuit clarified the expectations for furnishers when investigating consumer disputes under the Fair Credit Reporting Act (FCRA). In Suluki v. Credit One Bank,...more

Morgan Lewis

CFPB Revokes Guidance in Sweeping Rollback of Agency Policies and Priorities

Morgan Lewis on

In a sweeping announcement, the Consumer Financial Protection Bureau (CFPB) revoked nearly 70 interpretive rules, advisory opinions, and guidance documents on May 12, 2025. The Federal Register Notice adds to the pullback on...more

Troutman Pepper Locke

April 2025 Consumer Litigation Filings: Everything Down

Troutman Pepper Locke on

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

Orrick, Herrington & Sutcliffe LLP

CFPB dismisses case against lease-to-own finance company

On May 27, the CFPB submitted its motion to dismiss a lawsuit with prejudice filed against a lease-to-own finance company and several other entities. As previously covered by InfoBytes, the CFPB sued the lease-to-own finance...more

Sheppard Mullin Richter & Hampton LLP

Fourth Circuit Expands FCRA Liability: Legal Inaccuracies Now Actionable

On March 14, the U.S. Court of Appeals for the Fourth Circuit vacated the dismissal of a lawsuit alleging a failure to reasonably investigate a disputed debt. The lawsuit concerned a consumer who disputed a debt that she...more

Sheppard Mullin Richter & Hampton LLP

CFPB Drops Lawsuit Against Lease-to-Own Fintech Following Adverse Credit Ruling

On May 27, the CFPB filed a notice of dismissal with prejudice in its lawsuit against a lease-to-own fintech provider. The lawsuit, filed in July 2023, alleged that the company’s rental-purchase agreements violated several...more

Orrick, Herrington & Sutcliffe LLP

CFPB drops in-house suit against motor vehicle company financial arm

On May 12, the CFPB terminated a consent order against a credit financing arm of a large motor vehicle company for violations related to the CFPA and FCRA. ...more

Troutman Pepper Locke

Tenant Tales and Reseller Realities: Inside the FCRA Arena With Eric Ellman — FCRA Focus Podcast

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In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings are joined by Eric Ellman, president of the National Consumer Reporting Association (NCRA), for an insightful discussion on the current landscape of tenant...more

Wiley Rein LLP

Wiley Consumer Protection Download (May 21, 2025)

Wiley Rein LLP on

Wiley also has launched a Trump Administration Resource Center and Resource Guide to track Executive branch priorities during the second Administration of President Trump. With Wiley’s deep-rooted understanding of Washington...more

Ballard Spahr LLP

Trigger Leads – Don’t Forget about the States

Ballard Spahr LLP on

As Rich Andreano blogged on April 15, 2025, legislation to prohibit or restrict so-called “trigger leads” in the home-buying process has been reintroduced in the House and Senate. The legislation has broad industry and...more

Troutman Pepper Locke

Troutman Pepper Locke Weekly Consumer Financial Services Newsletter – May 2025 # 3

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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

Bradley Arant Boult Cummings LLP

Fourth Circuit Ruling Provides New Guidance as to Furnishers’ Duty to Investigate Legal Disputes Under the FCRA

The Fair Credit Reporting Act (FCRA) has been a notoriously active area for litigation, especially class-action litigation, in recent years. One issue that continues to be litigated in FCRA cases involving data furnisher...more

Woods Rogers

Fourth Circuit Rules on Furnisher’s Duty To Investigate Disputed Debt under the Fair Credit Reporting Act

Woods Rogers on

On March 14, 2025, in a case of first impression, the U.S. Court of Appeals for the Fourth Circuit addressed the nature of a furnisher’s duty to investigate disputed information appearing in a consumer’s credit report under...more

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