Cindy D. Hanson

Cindy Hanson focuses her practice on class action defense. Cindy has handled hundreds of matters under the Fair Credit Reporting Act, including over two dozen class actions.

Firm/Organization: Troutman Sanders LLP

Blogs: Consumer Financial Services Law Monitor

Latest Articles

Consumer Financial Services Law Monitor

Second Circuit Sets Standard for Defining a “Consumer Reporting Agency” under the FCRA

By David N. Anthony, Ronald I. Raether, Jr., Cindy D. Hanson & Julie D. Hoffmeister on May 31, 2019

On May 30, 2019, the Second Circuit issued its decision in Kidd v. Thomson Reuters Corporation, affirming the district court’s order granting summary judgment in favor of Thomson Reuters and defining what is required to qualify as a “consumer reporting agency” (“CRA”) covered by the Fair Credit Reporting Agency, 15 U.S.C. § 1681, et seq. (“FCRA”). Factual Background Plaintiff Lindsey Kidd (“Kidd”) applied for a job with the Georgia Department of Public Health (“GaDPH”). The…

Consumer Financial Services Law Monitor

Ninth Circuit Weighs in on Reporting Window for Non-Conviction Charges under FCRA

By Tim J. St. George, Lillian Macartney, Cindy D. Hanson, Ronald I. Raether, Jr. & David N. Anthony on May 16, 2019

In a 2-1 decision, the United States Court of Appeals for the Ninth Circuit held the seven-year period for reporting adverse items under § 1681c(a)(5) of the Fair Credit Reporting Act (FCRA) runs from the “date of entry” of an item and not the “date of disposition.” This case offers a detailed analysis of how to report non-conviction criminal charges, specifically when the seven-year reporting window begins to run and whether a dismissal of an…

Consumer Financial Services Law Monitor

District of New Jersey Finds Arbitration Provision Ambiguous as to Claims Under TCPA

By Mark Kundmueller & Cindy D. Hanson on April 29, 2019

Contractual provisions requiring consumers to bring claims in arbitration must be carefully worded to ensure they encompass all claims, including those asserted under the Telephone Consumer Protection Act. A recent decision by the United States District Court for the District of New Jersey, Abedi v. New Age Med. Clinic PA, No. 18-14680-KM-SCM, 2019 U.S. Dist. LEXIS 67903 (D.N.J. Apr. 18, 2019), provides a cautionary tale. Plaintiff Deeba Abedi contends that, after visiting the offices of…

Consumer Financial Services Law Monitor

Ninth Circuit Reverses Grant of Summary Judgment in Favor of Student Loan Lender in TCPA Class Action

By Mark Kundmueller, Cindy D. Hanson & David M. Gettings on April 24, 2019

In Henderson v. United Student Aid Funds, Inc., the Ninth Circuit recently reversed a decision by the District Court for the Southern District of California holding that a lender could not be held vicariously liable for the actions of the debt collection companies that had been hired by its loan servicer. The plaintiff in Henderson is a borrower on a student loan that is owned by United Student Aids Funds, Inc. (“USA Funds”). Rather than…

Consumer Financial Services Law Monitor

Seventh Circuit rules that “conviction” under the FCRA is defined by federal law and includes guilty pleas

By H. Scott Kelly & Cindy D. Hanson on April 19, 2019

On April 16, the U.S. Court of Appeals for the Seventh Circuit ruled that the definition of “conviction” under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, et seq, should be interpreted under federal law, not the law of the state where the criminal record is generated. See Aldaco v. RentGrow, Inc., No. 18-1932 (7th Cir.). The appellate court affirmed the holding that a guilty plea resulting in a sentence of supervision qualified as…

Consumer Financial Services Law Monitor

Seventh Circuit Vacates Class Decertification Decision in Automobile Finance Lawsuit

By Mark Kundmueller & Cindy D. Hanson on March 11, 2019

The Seventh Circuit recently vacated a decision by the Southern District of Indiana in which the lower court had rescinded an earlier decision to certify a class action in a suit brought by a group of used car dealerships. In Red Barn Motors, Inc. v. Nextgear Capital, Inc., No. 18-1409, 2019 U.S. App. LEXIS 4303 (7th Cir. Feb. 13, 2019), the plaintiff dealerships each entered into an agreement under which Nextgear issued a line of…

Consumer Financial Services Law Monitor

House Holds Hearing on Proposed Expansive FCRA Changes

By Cindy D. Hanson, Alexander King, Tim J. St. George & David N. Anthony on March 4, 2019

Decorative Scales of Justice in the Courtroom

On February 26, the House Financial Services Committee held a hearing entitled “Who’s Keeping Score? Holding Credit Bureaus Accountable and Repairing a Broken System,” with the CEOs of the big three credit bureaus – TransUnion, Equifax, and Experian – testifying. The hearing was the first time the current CEOs of the major credit bureaus have testified before the Committee since the cyberattack on Equifax that affected more than 100 million Americans and spawned extensive litigation…

Consumer Financial Services Law Monitor

Complimentary Webinar Invitation: Top Trends in Class Actions

By Cindy D. Hanson & David N. Anthony on February 28, 2019

Click Here to Register Join us on Wednesday, March 13th, 2:00-3:00 pm (EST), as we take a closer look at recent developments in class action litigation. Along with proposed legislative changes working their way through Congress, we’ll touch on the following topics to help you effectively manage the litigation: Arbitration Agreements – Schein v. Archer and White Sales, Inc., the Supreme Court unanimously held that a court is not allowed to decide whether a dispute is subject…

Consumer Financial Services Law Monitor

Seventh Circuit Rejects FCRA Plaintiff’s Collateral Attack of Underlying Debt

By Patrick Dillard, Cindy D. Hanson & David N. Anthony on February 11, 2019

The Seventh Circuit recently affirmed judgment in favor of the national consumer reporting agencies (“CRAs”), rejecting a plaintiff’s attempt to impose Fair Credit Reporting Act liability upon the CRAs for reporting information the furnisher had verified as accurate. This case represents a significant victory for CRAs facing collateral attacks of the accuracy of the accounts they report. The case is Humphrey v. Trans Union, LLC, et al. A copy of the opinion can be found…

Consumer Financial Services Law Monitor

Upcoming Webinar: 2019 Consumer Financial Services Outlook – February 12, 2019 • 3:00 – 4:30 pm ET

By David N. Anthony, Keith J. Barnett, Virginia Bell Flynn, Chad R. Fuller, Cindy D. Hanson, Michael E. Lacy, Ethan G. Ostroff, Stephen C. Piepgrass, Ronald I. Raether, Jr., Alan D. Wingfield & Tim J. St. George on February 1, 2019

Speaker at Business Conference and Presentation.

2018 was a busy year in the consumer financial services world. As we navigate the continuing heavy volume of regulatory change and forthcoming developments from the Trump Administration, members of Troutman’s Consumer Financial Services Practice will review the current state of federal and state consumer financial services law and policy and highlight what you and your company need to know about what lies ahead. During this webinar, we will share developments on consumer class actions, background screening, the Fair Credit Reporting…

Cindy D. Hanson

Second Circuit Sets Standard for Defining a “Consumer Reporting Agency” under the FCRA

Ninth Circuit Weighs in on Reporting Window for Non-Conviction Charges under FCRA

District of New Jersey Finds Arbitration Provision Ambiguous as to Claims Under TCPA

Ninth Circuit Reverses Grant of Summary Judgment in Favor of Student Loan Lender in TCPA Class Action

Seventh Circuit rules that “conviction” under the FCRA is defined by federal law and includes guilty pleas

Seventh Circuit Vacates Class Decertification Decision in Automobile Finance Lawsuit

House Holds Hearing on Proposed Expansive FCRA Changes

Complimentary Webinar Invitation: Top Trends in Class Actions

Seventh Circuit Rejects FCRA Plaintiff’s Collateral Attack of Underlying Debt

Upcoming Webinar: 2019 Consumer Financial Services Outlook – February 12, 2019 • 3:00 – 4:30 pm ET

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