News & Analysis as of

Identity Theft Fair Credit Reporting Act (FCRA) Debt Collection

Goodwin

CFPB Reports on Consumer Complaint Trends

Goodwin on

The Consumer Financial Protection Bureau (CFPB) recently issued its annual report analyzing the consumer complaints it received in 2024.  The CFPB collects complaints through its website, phone calls, and mail....more

Orrick, Herrington & Sutcliffe LLP

CFPB extends comment period on potential Regulation V amendments

On March 7, the CFPB announced a comment period extension for its advance NPRM addressing concerns related to information about coerced debt (i.e., where individuals are manipulated into incurring debt without their consent)...more

Troutman Pepper Locke

Florida Federal District Court Grants Debt Collector’s Motion for Summary Judgment Citing Lack of Evidence of Inadequate FCRA...

Troutman Pepper Locke on

A U.S. District Court in the Southern District of Florida recently granted a motion for summary judgment filed by debt collector, I.C. Systems, finding that the plaintiff failed to provide any evidence of an inadequate...more

Troutman Pepper Locke

Wisconsin Federal District Court Denies Cross-Motions for Summary Judgment Holding the Reasonableness of Furnisher’s Investigation...

Troutman Pepper Locke on

A U.S. District Court in the Western District of Wisconsin recently denied both the defendant and plaintiff’s summary judgment motions in a Fair Credit Reporting Act (FCRA) case, holding that the reasonableness of the...more

Rosenberg Martin Greenberg LLP

Third Circuit Holds That Furnisher Who Receives Notice of an Indirect Dispute Has Absolute Duty to Investigate Under FCRA

News accounts of instances of stolen identity in which identity thieves incur debts in the names of innocent consumers are common. Given the structure of the consumer credit industry, it is difficult for consumers to know...more

Burr & Forman

Seventh Circuit Affirms Dismissal of FDCPA and FCRA Claims Arising from Identity Theft

Burr & Forman on

In Woods v. LVNV Funding, LLC, — F. 4th — (2022), the Seventh Circuit Court of Appeals affirmed the dismissal of FDCPA and FCRA claims based upon the defendants’ collection and reporting of a fraudulently opened account....more

Womble Bond Dickinson

Failure to Conduct a Thorough Investigation Was Not Willful Disregard of Furnisher’s Duty to Conduct Reasonable Investigation

Womble Bond Dickinson on

On January 27, 2021, the United States District Court for the Southern District of California granted in part and denied in part cross-motions for summary judgment by the plaintiff and the defendant in Andres Romero...more

Ballard Spahr LLP

CFPB files lawsuit against debt collector and CEO for alleged FCRA, FDCPA, CFPA violations

Ballard Spahr LLP on

On September 25, 2019, the CFPB filed a lawsuit in federal district court in Maryland against Maryland-based debt collector FCO Holding, Inc. (“FCO”), its various subsidiaries and Michael E. Sobota, the CEO, president,...more

BakerHostetler

NAIC Adopts Cybersecurity Bill of Rights

BakerHostetler on

The National Association of Insurance Commissioners (“NAIC”) continued its efforts to advance cybersecurity in the insurance industry when it recently adopted the Cybersecurity Bill of Rights. The Cybersecurity Bill of Rights...more

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