News & Analysis as of

Fair Credit Reporting Act (FCRA) State and Local Government

Ballard Spahr LLP

Trigger Leads – Don’t Forget about the States

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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

Orrick, Herrington & Sutcliffe LLP

Tennessee Act extends consumer transaction cancellation period

On April 11, Tennessee enacted SB 816 (the “Act”), focusing on protecting consumers from consumer reporting agency practices. The primary change is the amendment of Section 47-18-2108(b), stating that “a consumer reporting...more

Venable LLP

A Primer on State Consumer Financial Regulation: What Businesses Need to Know Now

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The landscape of consumer financial services is shifting, driven by a broader deregulatory trend at the federal level. In this environment, companies must still address federal consumer financial law compliance and navigate a...more

Mitratech Holdings, Inc

How Far Back Does a Background Check Go?

Background checks are an essential part of the hiring process and personal safety. But how far back do they go? If you’ve ever wondered about the time limits on background checks, you’re not alone....more

Rodemer Kane Attorneys at Law

Does a DWAI Show Up on a Background Check in Colorado?

Driving While Ability Impaired (DWAI) is a serious offense in Colorado that can have far-reaching consequences. Many individuals who face this charge wonder about its long-term impact, particularly when it comes to employment...more

Bass, Berry & Sims PLC

Hüskers Dü Privacy

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On April 17, Nebraska Governor Jim Pillen signed into law the Nebraska Data Privacy Act (the Act), making Nebraska the seventeenth state to enact general consumer data privacy legislation. The Act largely, but not completely,...more

Troutman Pepper Locke

State Laws on Screening and Federal Preemption – Where Are We Now and Where Are We Heading? — FCRA Focus Podcast

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Please join Troutman Pepper Partner Dave Gettings and colleagues Tim St. George and Cindy Hanson for a highly informative discussion on federal preemption as it relates to state laws and the Fair Credit Reporting Act (FCRA)....more

Troutman Pepper Locke

New York Bans Reporting of Medical Debt Effective Immediately

Troutman Pepper Locke on

On December 13, New York Governor Kathy Hochul signed into law S4907A, which prohibits hospitals, medical providers, or ambulance services from providing negative information about medical debt to consumer reporting agencies...more

Fox Rothschild LLP

The Staggering Breadth of Washington State’s My Health My Data Act

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Despite its misleading title, Washington’s My Health My Data Act will regulate many things most people would not think of as health-related data. It will also regulate non-Washington entities, mere processors of...more

Bradley Arant Boult Cummings LLP

Is the Past Really Past? Tips for Employers on Background Checks

In the quest to hire the best employees, employers often look at an employee’s past — past jobs, credit history, and criminal history. If you are conducting  background checks, you know you have to comply with the Fair Credit...more

Sheppard Mullin Richter & Hampton LLP

FTC 2022 Regulatory Priorities to Include Privacy and Security

As we look to 2022, a question on many companies’ minds is what actions we will see from the FTC. Two recent developments are important on that front. First, the FTC recently signaled its intent to initiate rulemaking on...more

Fox Rothschild LLP

Resource: Checklists And Compliance Tips For New York City Hospitality Employers

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New York City hospitality employers face a myriad of requirements under federal, state, and local laws. This employment law "checklist" provides a guide for such businesses in order to ensure that they are onboarding new...more

Perkins Coie

What All Illinois Employers Need to Know About Illinois’ New Background Check Law

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On March 23, 2021, Governor J.B. Pritzker signed Senate Bill 1480 (SB 1480), which amends the Illinois Human Rights Act to impose robust new restrictions and obligations on employers’ use of background checks in Illinois. The...more

Littler

Updates to California’s Restrictions on Using Criminal Records in Employment Decisions

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The California Fair Employment and Housing Act (FEHA), as amended in 2018, restricts a covered employer’s ability to make hiring decisions based on an individual’s criminal history, including but not limited to court records...more

Seyfarth Shaw LLP

The Business of Background Checks During a Pandemic

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Seyfarth Synopsis: As the number of class actions alleging FCRA violations continues to skyrocket, it is critical for California employers to understand the basics of all laws affecting employment screening programs. This...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – July 2020

Welcome to Consumer Law Hinsights?a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition highlights our interactive COVID-19...more

Seyfarth Shaw LLP

Ninth Circuit Holds That Background Check Disclosures Should Not Contain Any Extraneous Information

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Seyfarth Synopsis: On March 20, 2020, the Ninth Circuit Court of Appeals held the Fair Credit Reporting Act’s (“FCRA”) standalone disclosure requirement does not allow for the inclusion of any extraneous information in an...more

Epstein Becker & Green

House Passes Bill Restricting Employer Credit Checks

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On January 29, 2020, the House of Representatives passed the Comprehensive CREDIT Act of 2020 (the “Act”), which would change federal laws pertaining to consumer reporting agencies and credit checks in a number of ways....more

Seyfarth Shaw LLP

St. Louis, Missouri Enacts Ban-the-Box Law for Private Employers

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Seyfarth Synopsis: St. Louis has become the third locality in Missouri to enact a “Ban the Box” law, joining Kansas City and Columbia. With a January 1, 2021 effective date, covered employers should begin taking steps to...more

Seyfarth Shaw LLP

Appellate Court Considers the Illinois “Employee Credit Privacy Act”

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Seyfarth Synopsis: On December 3, 2019, the Appellate Court of Illinois affirmed summary judgment in favor of a public utility company that considered credit checks for individuals applying for a customer service...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending November 15, 2019

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Real Property Update - Foreclosure / Notice: Mail log sufficient evidence to establish mailing of notice to borrower of default and possibility of foreclosure – Stacknik v. U.S. Bank, N.A., No. 2D18-2156 (Fla. 2d DCA Nov....more

Ballard Spahr LLP

Nevada regulator and AG file opposition to trade groups’ preliminary injunction motion in lawsuit challenging Nevada law allowing...

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The Commissioner of the Financial Institutions Division (FID) of the Nevada Department of Business and Industry and the Nevada Attorney General have filed opposition to the preliminary injunction motion filed by three trade...more

Ballard Spahr LLP

Nevada regulator and AG seek dismissal of lawsuit filed by trade groups challenging Nevada law allowing applicant to rely on...

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The Commissioner of the Financial Institutions Division of the Nevada Department of Business and Industry and the Nevada Attorney General have filed a motion to dismiss the lawsuit filed last month in Nevada federal court by...more

Seyfarth Shaw LLP

CCPA Amendments – What did California Actually Do?

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The rush for California to get all of the “rules of the road” ready for next year has seemed to cause a bit of confusion with California’s privacy law. Draft regulations were published the same day the Governor signed into...more

Pierce Atwood LLP

State Legislature Hears Concerns About Proposed Massachusetts Consumer Data Privacy Bill

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On October 7, 2019, the Joint Committee on Consumer Protection and Professional Licensure held a hearing on pending legislation, including An Act Relative to Consumer Data Privacy (S.120). Modeled on the California Consumer...more

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