News & Analysis as of

Fair Credit Reporting Act (FCRA) Data Collection

Husch Blackwell LLP

Mark Your Calendars: 2025 Compliance Dates for Key Consumer and Small Business Financial Services Regulations

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One of the primary challenges with working in the U.S. financial services space is keeping up with the ever-changing federal and state regulatory landscape. Juggling the day-to-day fire drills while staying atop of regulatory...more

Husch Blackwell LLP

CFPB's Proposed Data Broker Rule: A Sweeping Rewrite of the Fair Credit Reporting Act Regulations That Will Be Left to New CFPB...

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On December 3, 2024, the Consumer Financial Protection Bureau (CFPB) published its highly anticipated notice of proposed rulemaking (NPRM) that would regulate data brokers and the sale of Americans’ personal and financial...more

Husch Blackwell LLP

The CFPB's State Privacy Report Is the CFPB's Latest Effort to Influence State Policymakers

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In the closing months of the Consumer Financial Protection Bureau (CFPB) under Director Rohit Chopra, the CFPB has continued its efforts to influence how states regulate financial services providers. On November 12, the CFPB...more

Foley & Lardner LLP

Consumer Financial Protection Bureau Proposes Rule to Regulate Data Brokers Under Fair Credit Reporting Act

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The Consumer Financial Protection Bureau (CFPB) today announced a proposed new rule that all data brokers be regulated under the 1970 Fair Credit Reporting Act (FCRA), a federal law that protects the use and privacy of credit...more

Fisher Phillips

Employers and Vendors Have FCRA Obligations When Using Workplace AI Tools: Your Step-by-Step Compliance Guide

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The government recently reminded employers and vendors that they have obligations when it comes to use of workplace-related AI tools – and your business may need to update its practices in order to comply. The Consumer...more

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

CFPB Issues Guidance With Aggressive Interpretation of FCRA Applicability to Employee Monitoring and Screening Tools

The Consumer Financial Protection Bureau (CFPB) recently issued guidance that takes an aggressive position regarding the scope of the Fair Credit Reporting Act (FCRA) as covering certain employee monitoring and assessment...more

Parker Poe Adams & Bernstein LLP

Consumer Financial Protection Bureau Expresses Concerns About Use of Worker Profiling Data

Most consumers are aware that their personal data is collected, compiled, analyzed, and sold to third parties for marketing and other purposes. Many employees may not know of similar data collection practices relating to...more

Mitratech Holdings, Inc

10 Questions to Ask Background Check Vendors

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Background checks are vital in ensuring you make informed decisions about candidates. However, selecting the right background check vendor can be daunting given the myriad of options available. Choosing wisely not only...more

Ballard Spahr LLP

NCLC Asks CFPB to Consider Residential Leases as Credit for Specific Purposes

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The National Consumer Law Center is asking the CFPB, by way of a petition, for rulemaking that is long on policy arguments but woefully short on legal support, as we note below, to define residential leases as “credit” under...more

Cozen O'Connor

A New Line for Privacy in the Old Line State: Maryland Enacts a Comprehensive Data Privacy Law

Cozen O'Connor on

On May 9, 2024, Governor Wes Moore signed the Maryland Online Data Privacy Act (MODPA), making Maryland the seventeenth state to enact a comprehensive data privacy law. While similar in certain respects to most Virginia Model...more

Davis Wright Tremaine LLP

Land of 10,000 Data Lakes: Minnesota Consumer Data Privacy Act Signed Into Law

On May 25, 2024, Minnesota Governor Tim Walz signed the Minnesota Consumer Data Privacy Act (the "Act"), which takes effect on July 31, 2025, for most controllers and on July 31, 2029, for certain postsecondary educational...more

Davis Wright Tremaine LLP

Kentucky Consumer Data Protection Act Signed Into Law

On April 4, 2024, Kentucky Governor Andy Beshear signed the Kentucky Consumer Data Protection Act (the "KCDPA" or "Act"), which takes effect January 1, 2026. The KCDPA maps in large part to the Virginia Consumer Data...more

Husch Blackwell LLP

CFPB Levels Up: Consumer Risks in Gaming Draws Regulatory Scrutiny

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If you thought virtual reality was free from real-world regulations, think again. On April 4, 2024, the CFPB released an Issue Spotlight that dives deeply into a realm the agency had not previously traversed—video games and...more

Sheppard Mullin Richter & Hampton LLP

CFPB and FTC Argue Consumer Reporting Companies Have an Obligation to Correct Errors in Joint Amicus Brief

On March 29, the CFPB and the FTC jointly filed an amicus brief with the Eleventh Circuit in a matter involving a dispute under the Fair Credit Reporting Act. The case involves a consumer who filed disputes with a consumer...more

Troutman Pepper Locke

FTC's Sensitive Location Privacy Collection and Sale Expectations: Insights From Data Broker Settlements (and 10 Action Items to...

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Following several years of investigating the common practices in the space, the Federal Trade Commission (FTC) reached its first settlement with a data broker over the alleged collection and sale of location information that...more

King & Spalding

New Jersey Enacts Privacy Law

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On January 8, 2024, New Jersey’s State Legislature passed the Disclosure and Accountability Transparency Act (the “Data Act”). Following Governor’s signature within 45 days, the Data Act would take effect one (1) year after...more

Wiley Rein LLP

Wiley Consumer Protection Download (December 4, 2023)

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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

Orrick, Herrington & Sutcliffe LLP

RegFi Episode 9: Consumer Data Collection and Usage with Eric Ellman

Eric J. Ellman, Senior Vice President, Public Policy & Legal Affairs at the Consumer Data Industry Association (CDIA), joins RegFi hosts Jerry Buckley and Sasha Leonhardt for a conversation about the ever-evolving landscape...more

Troutman Pepper Locke

California Delete Act: An Aggressive New Approach to Regulating Data Brokers

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On October 10, Governor Newsom signed the Delete Act ( SB 362) into law, which amends California's current data broker law to impose extensive additional disclosure and registration requirements on data brokers, and to...more

Venable LLP

CFPB Releases FCRA Rulemaking Outline Topics

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The Consumer Financial Protection Bureau (CFPB) is currently considering a rulemaking to address various consumer reporting topics under the Fair Credit Reporting Act (FCRA) and has released an Outline of Proposals and...more

McGlinchey Stafford

CFPB Proposes Expanded FCRA Reach – Will It Grab Your Business?

McGlinchey Stafford on

At a recent White House Roundtable, the Consumer Financial Protection Bureau’s (CFPB) Director, Rohit Chopra, announced that the bureau will promulgate new rules in September that will broaden the categories of...more

Perkins Coie

CFPB Announces Decision To Launch Rulemaking Targeting Data Brokers

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Following a related request for information (RFI) earlier this year, the Consumer Financial Protection Bureau (CFPB) announced on August 15, 2023, its intention to launch rulemaking targeting data brokers. This rulemaking...more

Spilman Thomas & Battle, PLLC

Are Privacy Policies Alone Enough to Protect Employee Privacy? Ask Tesla

From application to termination, employee privacy considerations live throughout all stages of the employment lifecycle. Thus, employers should take heed of best practices and mechanisms when handling employee personal...more

Jones Day

The Consumer Financial Protection Bureau Announces Sweeping Rulemaking for Companies That Collect and Furnish Personal Data

Jones Day on

On August 15, 2023, the Consumer Financial Protection Bureau ("CFPB") announced it was launching a rulemaking aimed at subjecting any company or entity that collects and sells consumer data to the Fair Credit Reporting Act...more

Robinson+Cole Data Privacy + Security Insider

White House to Host Meeting on Data Brokering Industry as CFPB Promises New Regulations

The White House hosted a roundtable meeting Tuesday on the data brokering industry as a part of an administration-wide push toward strengthening America’s consumer privacy landscape. The meeting brought together researchers,...more

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