News & Analysis as of

Screening Procedures Consumer Financial Protection Bureau (CFPB)

Ballard Spahr LLP

CFPB and FTC announce settlements with TransUnion

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The CFPB and FTC announced last week that they had entered into a settlement with Trans Union LLC (TU LLC) to resolve a lawsuit filed jointly in a Colorado federal district court by the agencies alleging that TU LLC and its...more

Troutman Pepper

Trans Union Settles for $15 million with CFPB and FTC Over Tenant Screening Reports

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A new enforcement action provides more detail on the expectations of the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) (collectively, the agencies) for the content of tenant screening reports....more

Ballard Spahr LLP

FTC recommends use of written adverse action notices by housing providers

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A new FTC blog post titled “Tenant background check reports: Put it in writing” reminds landlords, property managers, and other housing providers of their obligation under the Fair Credit Reporting Act to provide notice of...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

Troutman Pepper

Michigan House Bill Proposes Excluding Tenant Credit Scores from Rental Decisions

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The drumbeat to increase regulation of tenant screening continues, this time in Michigan. On June 15, Michigan state Representative Brenda Carter (D-29) introduced House Bill 4818, which proposes to amend landlord-tenant...more

Troutman Pepper

CFPB Opines That Companies Using Automated Worker Surveillance Tools Must Comply with FCRA

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Do companies that use workplace surveillance tools to make hiring and firing decisions risk violating the Fair Credit Reporting Act (FCRA)? According to the Consumer Financial Protection Bureau (CFPB or Bureau) in a recent...more

Saul Ewing LLP

FTC and CFPB Investigating Background Screening Issues Affecting Rental Housing Tenants

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On February 28, 2023, the Federal Trade Commission (“FTC”) and Consumer Financial Protection Bureau (“CFPB”) issued a Request for Information (“RFI”) seeking public comment on background screening issues affecting rental...more

Ballard Spahr LLP

Prince George’s County to Cap Rent Increases, CFPB Looks at Tenant Screening

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Summary - The Prince George’s County Council recently approved the Rent Stabilization Act of 2023 (Act), which limits residential rent increases to 3 percent for the next year. Separately, the Consumer Financial Protection...more

Ballard Spahr LLP

CFPB and FTC issue request for information on background screening in connection with rental housing

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The Consumer Financial Protection Bureau and Federal Trade Commission issued a request for information (RFI) yesterday seeking comment on “background screening issues affecting individuals who seek rental housing in the...more

Troutman Pepper

The CFPB and FTC Continue to Focus on Tenant Screening

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On February 28, the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB) jointly issued a Request for Information, seeking public comment on how background screening affects individuals seeking...more

Cooley LLP

CFPB Reports Highlight Regulatory Concerns With Tenant Background Checks

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On November 15, 2022, the Consumer Financial Protection Bureau issued two reports – titled “Tenant Background Checks Market Report” and the “Consumer Snapshot: Tenant Background Checks” – reflecting concerns over incomplete...more

Arnall Golden Gregory LLP

FTC and CFPB to Host Workshop on Accuracy and Background Screening Reports

The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) will host a workshop on December 10, 2019 to discuss issues related to the accuracy of credit and background screening reports....more

Ballard Spahr LLP

CFPB and FTC to host workshop on credit report accuracy

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The CFPB announced that it will host a public workshop with the FTC on December 10, 2019 to discuss issues affecting the accuracy of both traditional credit reports and employment and tenant background screening reports....more

FordHarrison

New FCRA Summary of Rights for Background and Credit Checks

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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

McGuireWoods LLP

CFPB Takes Aim at Overdraft Fees and Screening Inaccuracies

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On February 3, 2016, the Consumer Financial Protection Bureau (CFPB) took a series of steps aimed at improving access to checking accounts for the nearly 10 million American households that are “unbanked” or which have no...more

Ballard Spahr LLP

CFPB postpones field hearing on checking account access to Feb. 3

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The CFPB has announced that due to inclement weather, it has postponed the field hearing about access to checking accounts until February 3, 2016. The hearing, which is to be held in Louisville, Kentucky, was originally...more

MoFo Reenforcement

CFPB’s Message to Employment Background Screening Providers: A Rose by Any Other Middle Name is Probably the Wrong Person

MoFo Reenforcement on

On October 29, the CFPB took action against two of the country’s largest employment background screening report providers for violations of the FCRA. This is one of the CFPB’s most significant FCRA actions to date, following...more

Arnall Golden Gregory LLP

CFPB Enforcement Action Against Two Background Screeners

The Consumer Financial Protection Bureau (CFPB) announced that it has taken action against two large background screening companies.  Yes, you are reading this correctly.  The CFPB…not the Federal Trade Commission, has taken...more

Davis Wright Tremaine LLP

CFPB Director Proposes Checking Accounts for All

On Wednesday, in a speech at the Forum on Access to Checking Accounts CFPB Director Richard Cordray returned to two of his most frequent themes – the consumer reporting process and urging actions that he is unable to mandate....more

Ballard Spahr LLP

CFPB Explores Checking Account Screening Policies and Practices

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Today, the CFPB held a forum to learn more about how consumers are impacted by checking account screening policies and procedures. The CFPB recognizes that checking accounts are one of the most widely used financial products...more

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