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Fair Credit Reporting Act (FCRA) Credit Reports

Stinson LLP

CFPB Clarifies Scope of the FCRA Preemption

Stinson LLP on

On October 28, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule clarifying that the Fair Credit Reporting Act (FCRA) generally preempts state laws that broadly address consumer credit reporting....more

Holland & Knight LLP

CFPB Confirms Federal Preemption of State Credit Reporting Laws

Holland & Knight LLP on

The CFPB published an interpretive rule on Oct. 28, 2025, clarifying the scope of preemption under the Fair Credit Reporting Act (FCRA) and impact on state laws regarding credit reporting. The interpretive rule replaces a...more

Goodwin

CFPB Issues Rule that FCRA Preempts State Measures Barring Medical Debt

Goodwin on

The Consumer Financial Protection Bureau (CFPB) issued an interpretive rule on October 20, 2025 stating that the Fair Credit Reporting Act (FCRA) preempts state measures barring medical debt in consumer credit reports....more

Orrick, Herrington & Sutcliffe LLP

CFPB withdraws FCRA interpretive rule and clarifies state preemption

On October 28, the CFPB published an interpretive rule in the Federal Register, replacing a previously withdrawn 2022 FCRA interpretive rule and clarifying that the FCRA “generally preempts State laws that touch on broad...more

Ballard Spahr LLP

CFPB says FCRA prohibits states from regulating content of credit reports

Ballard Spahr LLP on

The CFPB has issued an interpretive rule that says the federal Fair Credit Reporting Act (FCRA) preempts states from regulating broad areas of credit reporting.   ...more

Jackson Lewis P.C.

Credit Checks in Hiring: Key Issues for Financial Services Employers After Medical Debt Reporting Restrictions

Jackson Lewis P.C. on

Evolving credit checks requirements means employers in financial services are challenged more than ever to stay current because they conduct credit checks on prospective candidates more frequently than those in many other...more

Orrick, Herrington & Sutcliffe LLP

District court rules FDCPA claims survive in fraud case against bank

On August 13, the U.S. District Court for the Northern District of California granted in part and denied in part the defendant’s motion for summary judgment, allowing the plaintiff’s claim under the FCRA against a bank to...more

Frost Brown Todd

Texas Court Vacates CFPB’s Medical Debt Rule: Lender and CRA Takeaways

Frost Brown Todd on

On July 11, 2025, the U.S. District Court for the Eastern District of Texas vacated the Consumer Financial Protection Bureau (CFPB)’s medical debt rule. The final rule, originally scheduled to go into effect in March of this...more

BCLP

Eleventh Circuit Weeds Out Plaintiffs Who “Manufacture” Article III Standing With Self-Inflicted Harm

BCLP on

On July 18, 2025, the Eleventh Circuit rejected the notion that plaintiffs can “manufacture” Article III standing by identifying “self-inflicted harm” such as “expenditure of money and wasted time to correct an otherwise...more

Brownstein Hyatt Farber Schreck

Federal Court Vacates CFPB’s Medical Debt Rule, Finds FCRA Preempts State Laws

On July 11, 2025, the U.S. District Court for the Eastern District of Texas vacated the Consumer Financial Protection Bureau’s (CFPB) rule prohibiting the inclusion of medical debt on consumer credit reports. The court also...more

McGlinchey Stafford

Southern District of New York Finds No Private Right of Action for Improper Reporting Under the FCRA

McGlinchey Stafford on

The Southern District of New York dismissed an action under the Fair Credit Reporting Act (FCRA), finding that there was no private right of action under section 1681s-2(a) for purportedly inaccurate reporting by a furnisher....more

Morgan Lewis

Consumer Finance in the US Automotive Industry

Morgan Lewis on

As the legal environment for consumer financial services continues to shift through 2025, regulatory activity in the automotive sector has emerged as a fast-evolving area of focus for industry stakeholders. Recent...more

Foley & Lardner LLP

Maryland Insurance Administration Proposes to Revise Regulation Governing Disclosures of Credit Scoring Use in Private Passenger...

Foley & Lardner LLP on

The Maryland Insurance Administration (MIA) recently proposed to revise a regulation regarding the use and disclosure of credit history in underwriting and rate making for personal automobile policies. Specifically, the...more

Hudson Cook, LLP

When Does a Consumer's Permission to Make Credit Inquiries Expire?

Hudson Cook, LLP on

If at first you don't succeed, try, try again, right? That advice may be good for life in general, but it's not so good for running credit inquiries. ...more

Saul Ewing LLP

Eleventh Circuit Rules “Self-Inflicted” Harm Does Not Create FCRA Standing

Saul Ewing LLP on

If an error is in a credit file and no one is around to see it, does it create standing? No, according to the U.S. Court of Appeals for the Eleventh Circuit, noting a plaintiff “cannot manufacture standing by spending time...more

Fox Rothschild LLP

Court Vacates CFPB Medical Debt Rule: Key Takeaways for Providers

Fox Rothschild LLP on

Earlier this month, the United States District Court for the Eastern District of Texas approved a consent judgment vacating the Consumer Financial Protection Bureau’s (CFPB) Medical Debt Rule. The decision holds that the CFPB...more

Orrick, Herrington & Sutcliffe LLP

District court tosses CFPB’s medical debt rule

On July 11, the U.S. District Court for the Northern District of Texas vacated the CFPB’s medical debt rule on the grounds that it exceeded the Bureau’s statutory authority and violated both the FCRA and the APA, granting the...more

Troutman Pepper Locke

CFPB Will Not Reissue Medical Debt Advisory Opinion

Troutman Pepper Locke on

On July 14, the Consumer Financial Protection Bureau (CFPB or Bureau) filed a status report announcing its decision not to reissue its Medical Debt Collection Advisory Opinion, which had been issued in 2024 to “remind debt...more

Ballard Spahr LLP

Federal Judge vacates CFPB medical debt rule

Ballard Spahr LLP on

A Texas federal judge has voided a Biden Administration CFPB rule that would have prohibited medical debt in credit reports....more

Orrick, Herrington & Sutcliffe LLP

Eleventh Circuit reverses “clickwrap” case in favor of credit agency

On July 3, the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s denial of a motion to compel arbitration, ordering that a dispute between an individual and a credit reporting company...more

McGlinchey Stafford

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

McGlinchey Stafford on

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

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

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

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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