News & Analysis as of

Fair Credit Reporting Act (FCRA) Disclosure Requirements

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

McGlinchey Stafford

Federal Court Finds Causation Lacking on Negligence Claim Under FCRA, But Leaves Door Open on Claim of Willful Violation

McGlinchey Stafford on

A federal Judge for the United States District Court for the District of Arizona recently granted in part and denied in part a consumer reporting agency’s motion for summary judgment, with respect to claims raised by the...more

Husch Blackwell LLP

Alternative Commercial Finance Monthly | January 2025

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As we step into a new year, we’re excited to introduce a fresh look for our Alternative Commercial Finance blog. Alongside a new monthly publication schedule, we’ll be placing a stronger emphasis on upcoming laws,...more

Orrick, Herrington & Sutcliffe LLP

CFPB files amicus brief on FCRA disclosure requirements

On January 16, the CFPB filed an amicus brief with the U.S. Court of Appeals for the Seventh Circuit, arguing that the FCRA disclosure requirements intended to allow consumers to correct inaccurate information applied to all...more

Ankura

The Way Out is Through: A Guide for Navigating U.S. Consumer Privacy Laws

Ankura on

It can be daunting for Fintechs, money services businesses (MSBs), and other non-bank entities operating in the consumer financial products and services space to navigate privacy legislation and determine which provisions of...more

Sheppard Mullin Richter & Hampton LLP

CFPB Takes Aim at Data Brokers: Proposed Rule Tightens Consumer Privacy Protections

On December 3, the CFPB announced a proposed rule to enhance oversight of data brokers that handle consumers’ sensitive personal and financial information. The proposed rule would amend Regulation V, which implements the Fair...more

Cozen O'Connor

CFPB Urges States to Act on Consumer Financial Data Protection

Cozen O'Connor on

The CFPB issued a report on State Consumer Privacy Laws and the Monetization of Consumer Financial Data, which examines existing privacy protections for consumers’ financial data under federal and state laws....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

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 Continues Focus on Credit Reporting with Guidance on FCRA Compliance

On January 11, the CFPB issued two advisory opinions providing guidance to consumer reporting agencies (CRAs) on the Bureau’s views on FCRA compliance obligations with respect to background check reports and credit file...more

Wiley Rein LLP

Wiley Consumer Protection Download (December 4, 2023)

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

Paul Hastings LLP

California’s Delete Act Signed Into Law

Paul Hastings LLP on

California Governor Gavin Newsom signed the Delete Act this week. The new law, passed by the legislature last month, revises the California Consumer Privacy Act by making it easier for residents to submit universal requests...more

Fox Rothschild LLP

California Is Going for Broke(r)

Fox Rothschild LLP on

The DELETE Act (SB 362) has passed the California Legislature and is awaiting Governor Gavin Newsom’s signature. What do you need to know? You may be a data broker without realizing it: •The law applies to any business...more

Husch Blackwell LLP

California Delete Act Passes Legislature

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Keypoint: Pending the Governor’s signature, the California Delete Act requires all data brokers to register with the CPPA next year and comply with a one-stop consumer deletion mechanism by 2026. Last week, the California...more

Hudson Cook, LLP

White House Consumer Fee Focus Turns to Rental Housing Fees, Disclosures

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The White House today brought attention to new state laws and voluntary industry practices that limit fees charged to renters and increase the transparency of those fees, noting the burden such fees impose on American...more

Shipkevich PLLC

CFPB Proposes Order in Massive Action Against Debt Collection Company

Shipkevich PLLC on

On March 23, 2023, the Consumer Financial Protection Bureau (CFPB) has taken action against one of the largest debt collectors in the United States, Portfolio Recovery Associates (PRA), for various violations of law,...more

Littler

Updated FCRA Summary of Consumer Rights Released with a Mandatory Compliance Deadline of March 20, 2024

Littler on

On March 17, 2023, the Consumer Financial Protection Bureau (CFPB) published an updated version of the publication entitled, “A Summary of Your Rights Under the Fair Credit Reporting Act,” which is also called the “Summary of...more

Troutman Pepper Locke

FTC Consent Order With Auto Dealer and Proposed Rule - The Consumer Finance Podcast

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Please join Troutman Pepper Partner Chris Willis and his guest and colleague Brooke Conkle as they discuss the Federal Trade Commission’s (FTC) recent consent order with Passport Auto Group. The FTC alleged Passport violated...more

McDermott Will & Emery

The 411 on Employment Background Checks in Stock and Asset Transactions

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Employment background checks help employers hire individuals with integrity whom they can trust, and who do not present a risk to the business, other employees, or the customers and clients that the business serves. Buyers in...more

McDermott Will & Emery

The 411 on Employment Background Checks in Transactions

McDermott Will & Emery on

Employment background checks help employers hire individuals with integrity whom they can trust, and who do not present a risk to the business, other employees, or the customers and clients that the business serves. Buyers in...more

Weintraub Tobin

No Good Deed Goes Unpunished? Use Lawyers to Avoid Trouble Related to Background Checks

Weintraub Tobin on

A precedential decision last week by the California Court of Appeal may leave some employers feeling like no good deed goes unpunished. That decision ruled that a jury would have to decide if an employer willfully violated...more

Eversheds Sutherland (US) LLP

DC Circuit Court of Appeals to rule on PayPal’s challenge to CFPB’s Prepaid Rule

In December 2019, PayPal, Inc. filed suit in the US District Court for the District of Columbia challenging the CFPB’s authority to issue two provisions of the so-called prepaid rule, which governs consumer financial products...more

Proskauer - Law and the Workplace

CA Appellate Court Addresses “Willfulness” Standard Under FCRA

On April 19, 2022, a California Appeals Court reversed and remanded a trial court’s grant of summary judgment in an employer’s favor, concluding there was a triable issue of material fact regarding whether a defendant had...more

Littler

New Opinion Allowing Plaintiff to Present His Class Action Willful FCRA Claims to a Jury Reinforces Need to Remain Vigilant About...

Littler on

The Fair Credit Reporting Act (FCRA) is a federal law that governs employment-related background checks.  Most lawsuits asserting federal claims proceed in federal court. The FCRA is atypical in that FCRA claims can proceed...more

Littler

The Rest of the Story (for Now): Employer Prevails in FCRA Class Action Alleging “Stand-Alone” Disclosure Violation

Littler on

As we predicted four years ago, class action lawsuits against employers under the Fair Credit Reporting Act (FCRA) continue to spike, including class actions targeting background check disclosures....more

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