News & Analysis as of

Fair Credit Reporting Act

Lathrop Gage

Amendment to FCRA Notification Requirement

by Lathrop Gage on

In an interim final rule issued this month, the Consumer Financial Protection Bureau (“CFPB”) revised the publication called, “A Summary of Your Rights Under the Fair Credit Reporting Act” (“FCRA Summary of Rights”). Any...more

Fisher Phillips

The Freeze Is On: Employers Must Immediately Update Background Check Forms

by Fisher Phillips on

There is a little-known provision from a new federal law that will most likely impact your hiring practices and your standard hiring documents—and it kicked in last Friday. As of September 21, all employers must update their...more

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

CFPB Issues New Background Check Summary of Rights Form With Imminent Effective Date

On September 12, 2018, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule updating its A Summary of Your Rights Under the Fair Credit Reporting Act form, (“Summary of Rights”) which is required to be...more

Shipman & Goodwin LLP

Background Check Requirements Can Cause Problems If Not Followed

by Shipman & Goodwin LLP on

Attention to detail makes a big difference when employers are required by law to do specific things. The failure to meet all the requirements of a statute can result in litigation and potentially costly judgments. One...more

Womble Bond Dickinson

Whose Claim is it Anyway?

by Womble Bond Dickinson on

Who is the real holder of a FCRA claim brought by a Chapter 7 debtor? That’s the question that confronted the Eastern District of Wisconsin recently in Kitchner v. Fiergola, 2018 WL 4473359 (E.D. Wis. Sept. 18,...more

Parker Poe Adams & Bernstein LLP

Important Consumer Rights Take Effect as Part of Dodd-Frank Modifications

The Economic Growth, Regulatory Relief, and Consumer Protection Act takes effect on Friday, September 21. The act modifies the Dodd-Frank Wall Street Reform and Consumer Protection Act in a variety of ways, including with...more

Poyner Spruill LLP

Immediate Action Item for all Employers that Use Background Checks - Update Fair Credit Reporting Act Forms

by Poyner Spruill LLP on

The Consumer Financial Protection Bureau (CFPB) released a new model form “Summary of Your Rights Under the Fair Credit Reporting Act,” that must be used starting September 21, 2018...more

Womble Bond Dickinson

FCRA Disclosures and Authorization: I Can See Clearly Now…

by Womble Bond Dickinson on

The Central District of California just issued a summary judgment ruling in case regarding how clear and conspicuous a FCRA disclosure form and authorization must be. In Luna v. Hansen & Adkins Auto Transp., Inc., 313 F....more

Womble Bond Dickinson

Mark Your Calendars: New FCRA Summary of Rights Notice Requirements Go into Effect Today, September 21, 2018

by Womble Bond Dickinson on

Things are changing in FCRAland. The Economic Growth, Regulatory Relief, and Consumer Protection Act (“Act”) (full text here) has added a new section the Fair Credit Reporting Act (“FCRA”), section 605A(i), which goes into...more

Weiner Brodsky Kider PC

5th Circuit Rejects BCFP’s Bid to Enforce Civil Investigative Demand

by Weiner Brodsky Kider PC on

On September 6, 2018, the U.S. Court of Appeals for the Fifth Circuit refused to enforce the Bureau of Consumer Financial Protection’s civil investigative demand (CID) for documents and other information from a Texas-based...more

Womble Bond Dickinson

Using FCRA’s Expansiveness as a Shield: CFPB Gets Pushback on FCRA Subpoena

by Womble Bond Dickinson on

The expansiveness of FCRA has long been used by plaintiffs as a sword against consumer reporting agencies, furnishers of consumer information, and users of consumer information. Here, a company successfully used FCRA as a...more

Womble Bond Dickinson

Uncheck that Box

by Womble Bond Dickinson on

Comcast has a policy in its Chicago region that permits a prospective customer to make a $50 deposit for internet service in lieu of a requirement to submit to a credit check. In Santangelo v. Comcast Corporation, 2018 WL...more

FordHarrison

New FCRA Summary of Rights for Background and Credit Checks

by FordHarrison on

On September 12, 2018, the Consumer Financial Protection Bureau (CFPB), the federal agency which oversees the federal Fair Credit Reporting Act (FCRA) issued an interim final rule updating the agency’s model FCRA notice....more

Womble Bond Dickinson

When Technicalities Are (and are not) Associated with Concrete Harm: The Spokeo Analysis as Applied in Long v. SEPTA, 2018 WL...

by Womble Bond Dickinson on

In the latest application of the Supreme Court’s 2016 Spokeo decision, the Third Circuit analyzed two alleged technical violations of FCRA and reached different conclusions with respect to the plaintiffs’ right to bring...more

Womble Bond Dickinson

The Tassel is Worth the Hassle: Putative Class Action Dismissed after Court Finds that Accurately Reported College Enrollment...

by Womble Bond Dickinson on

15 U.S.C. 1681c of the Fair Credit Reporting Act (“FCRA”) governs the requirements for information contained in consumer reports. Section 1681c(a) provides that there are six categories of information that are generally...more

Epstein Becker & Green

Employers Must Use Updated FCRA Notice of Rights Beginning September 21

by Epstein Becker & Green on

On September 12, 2018, the Bureau of Consumer Financial Protection (“CFPB”) announced an interim final rule (“Rule”) to be effective September 21, 2018, that will update two model disclosure forms used when conducting...more

Womble Bond Dickinson

Freeze! New Amendments to the FCRA Grant New Consumer Rights and Impose New Disclosure Requirements

by Womble Bond Dickinson on

With the passage of the Economic Growth, Regulatory Relief, and Consumer Protection Act earlier this year, Congress amended the Fair Credit Reporting Act (FCRA). The Act amends both consumer rights under FCRA and imposes...more

Buchanan Ingersoll & Rooney PC

Third Circuit Affirms That Employers Must Provide Background Check Reports to Applicants Before Relying on Them to Deny Employment

On September 10, 2018, the United States Court of Appeals for the Third Circuit affirmed that job applicants could sue a prospective employer under the Fair Credit Reporting Act (FCRA) for failure to provide background check...more

Baker Donelson

Get Ready to Comply: Employers Must Use New FCRA Model Disclosure Form by September 21, 2018

by Baker Donelson on

Under an interim final rule issued on September 12, 2018, the Consumer Financial Protection Bureau (CFBP) has issued a new model disclosure form that employers and background check companies are required to use, effective...more

Littler

Criminal Record Screening Policies Continue to Raise Important Multi-Jurisdictional Compliance Issues

by Littler on

Employers that use criminal record screening policies must continue to be vigilant about compliance with all applicable laws. Following a multi-million dollar settlement by a leading retailer earlier this year, a recent...more

Ballard Spahr LLP

CFPB Updates FCRA Model Disclosures

by Ballard Spahr LLP on

On September 12, 2018, the Bureau of Consumer Financial Protection (the “Bureau”) issued an interim rule to update two model disclosures following the recent enactment of the Economic Growth, Regulatory Relief, and Consumer...more

Jackson Lewis P.C.

New Version Of Model FCRA Summary Of Rights Released; And You Have One Week To Comply

by Jackson Lewis P.C. on

A new model “A Summary of Your Rights Under the Fair Credit Reporting Act” disclosure form document was released on September 12, 2018, by the Consumer Financial Protection Bureau (CFPB). Employers and background check...more

Arnall Golden Gregory LLP

Updated FCRA Summary of Rights Issued by the Bureau of Consumer Financial Protection

by Arnall Golden Gregory LLP on

The Bureau of Consumer Financial Protection (the “Bureau”) issued an interim final rule on September 12, 2018, tied to passage of the Economic Growth, Regulatory Relief, and Consumer Protection Act (S. 2155) (‘the Act”). The...more

Morrison & Foerster LLP

Financial Services Report, Fall 2018

by Morrison & Foerster LLP on

EDITOR’S NOTE - So much for the lazy days of summer. It’s been a busy couple of months on both coasts. In a case of déjà vu all over again, a New York federal court found that the CFPB structure is unconstitutional and that...more

Littler

Third Circuit Holds Individual Plaintiffs Lack Standing for Some Alleged Violations of the FCRA's Pre-Adverse Action Notice...

by Littler on

On September 10, 2018, in Long v. Southeastern Pennsylvania Transportation Authority (SEPTA), the U.S. Court of Appeals for the Third Circuit joined the chorus of recent circuit court opinions tackling the question of...more

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Updated: May 25, 2018:

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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Contacting JD Supra

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