News & Analysis as of

Third-Party Fair Credit Reporting Act (FCRA)

Ankura

The Way Out is Through: A Guide for Navigating U.S. Consumer Privacy Laws

Ankura on

It can be daunting for Fintechs, money services businesses (MSBs), and other non-bank entities operating in the consumer financial products and services space to navigate privacy legislation and determine which provisions of...more

McGlinchey Stafford

CFPB Issues New Guidance on AI in Employment Decisions

McGlinchey Stafford on

Technology—what did we ever do without it? There are many technological programs at an employer’s disposal, ranging from checking a candidate’s background during the application process to surveilling employee activity by...more

Cozen O'Connor

CFPB Warns Employers That Use of Third-Party Consumer Reports Must Be Fair

Cozen O'Connor on

The CFPB issued guidance regarding “Background Dossiers and Algorithmic Scores for Hiring, Promotion, and Other Employment Decisions.” In the guidance, the CFPB warns that, like credit reports used by lenders to make lending...more

Foley & Lardner LLP

Fourth Circuit Holds No Article III Standing Where No Third-Party Viewed Inaccurate Information

Foley & Lardner LLP on

On September 11, 2024, the Fourth Circuit Court of Appeals held that there is no publication to a third party — and therefore no Article III standing under the Fair Credit Reporting Act (FCRA) — where the recipient of a...more

Ballard Spahr LLP

California’s Proposed “Delete Act” Would Create a ‘Do Not Sell’ List for Data Brokers

Ballard Spahr LLP on

California continues to be at vanguard of data privacy rights. The latest effort by California legislators to protect consumer privacy rights focuses on data brokers, who under the proposed California Senate Bill 362, aka...more

Ballard Spahr LLP

CFPB announces consent order with third-party collector of medical debt

Ballard Spahr LLP on

The CFPB announced at the end of last week that it had entered into a consent order with Phoenix Financial Services, LLC (Phoenix), a third-party debt collector that collects primarily past-due medical debts and furnishes...more

Wiley Rein LLP

Wiley Consumer Protection Download (September 20, 2022)

Wiley Rein LLP on

Regulatory Announcements- FTC Holds September Open Commission Meeting and Votes to Approve Government and Business Impersonation Fraud NPRM, Gig Work Policy Statement, and Dark Patterns Report. On September 15, the FTC held...more

Jackson Lewis P.C.

Understanding CFPB’s Legal Advisory on “Permissible” Purpose

Jackson Lewis P.C. on

The Consumer Financial Protection Bureau (CFPB) recently issued a legal Advisory in early July 2022, intending to protect the privacy rights of individuals subject to background checks by third-party consumer reporting...more

Jackson Lewis P.C.

Massachusetts Legislature Evaluates Its Own Comprehensive Consumer Privacy Law

Jackson Lewis P.C. on

The Massachusetts Information Privacy and Security Act (MIPSA) continues to advance through the state legislative process, and is now before the full legislature. While the Act has several hurdles to clear before becoming...more

Woods Rogers

Magistrate Judge Leonard holds that the FRCP Require Parties to Sign Authorizations

Woods Rogers on

As if subpoena practice is not expensive and time-consuming already, there are times in which even a subpoena will not suffice to obtain a third-party’s records.  Federal statutes may create confidentiality issues, or a state...more

Seyfarth Shaw LLP

Ninth Circuit Rules That Users, Not Consumers, Must Prove an Authorized Purpose for Obtaining a Consumer Report

Seyfarth Shaw LLP on

Synopsis: Last month, the Ninth Circuit issued an opinion, affirming broad Article III standing and holding that, for permissible-purpose claims, a consumer-plaintiff need allege only that his/her credit report was obtained...more

Womble Bond Dickinson

Removal to Federal Court: No Inference of FCRA Claim When None Stated

Womble Bond Dickinson on

Courts generally give some deference to a pro se plaintiff attempting to state his or her claims, even if the claims are not plead perfectly. However, in Thao Le v. Capital One Auto Finance (N.D. Cal. Nov. 1, 2018), the court...more

Maynard Nexsen

Employers Faced January 1, 2013, Deadline to Update Fair Credit Reporting Act Notice

Maynard Nexsen on

Originally published in SC Bar's Employment and Labor Law Newsletter: Winter 2013 on February 15, 2013 Effective January 1, 2013, there was a new form that employers must provide prospective or current employees when...more

Franczek P.C.

Despite Continuing Grace Period, Employers Should Switch To New Fair Credit Reporting Act Notices Now

Franczek P.C. on

Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Congress transferred rule-making authority for the relevant portions of the Fair Credit Reporting Act (FCRA) from the Federal Trade Commission (FTC) to the...more

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