Statute
FCRA
498 published works
Consumer Financial Services Law Monitor
CFPB Continues Focus on Consumer Reporting and the FCRA With New “Guidance” on Background Checks and Consumer Disclosures
By David N. Anthony, Chris Capurso, David M. Gettings, Tim J. St. George, Ethan G. Ostroff, Alan D. Wingfield, Cindy D. Hanson
On January 11, the Consumer Financial Protection Bureau (CFPB or Bureau) issued two "advisory opinions" addressing the CFPB's views of the obligations of consumer reporting agencies (CRAs) under the Fair…
Consumer Financial Services Law Monitor
Magistrate Judge Recommends No FCRA Liability for Accurately Reporting a Publicly Available Conviction that was Expunged
By Rachel Ommerman, Virginia Bell Flynn, Ethan G. Ostroff, David N. Anthony
A magistrate judge in the Northern District of Georgia recently recommended granting summary judgment in a Fair Credit Reporting Act (FCRA) case in favor of a background reporting company on…
Consumer Finance Monitor
CFPB enters into consent order with third-party collector of medical debts to resolve alleged FCRA and FDCPA violations
By Kristen E. Larson, John L. Culhane, Jr., Ballard CFS Group
The CFPB announced last week that it has entered into a consent order with Commonwealth Financial Systems, Inc. (Commonwealth), a third-party debt collection company that collects past-due medical debts and…
Consumer Financial Services Law Monitor
New Developments in the CFPB’s FCRA Rulemaking Process – What’s Next? – Crossover Episode With FCRA Focus Podcast
By David M. Gettings, Kim Phan, Ronald I. Raether, Jr., Chris Willis
Please join us for a special cross-over episode of FCRA Focus and The Consumer Finance Podcast, where Troutman Pepper Partners Chris Willis, Dave Gettings, Kim Phan, and Ron Raether look…
Consumer Financial Services Law Monitor
October Consumer Litigation Filings: Mixed Bag
By David N. Anthony, Alan D. Wingfield
According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA) and Telephone Consumer Protection Act (TCPA) were down for the month of October, but…
Consumer Financial Services Law Monitor
Federal Magistrate Recommends Dismissal of FDCPA and FCRA Case on Statute of Limitation and Reasonableness of Reporting Grounds
By Kevin Craig, Ethan G. Ostroff, David N. Anthony
On November 9, a magistrate judge in the Northern District of Georgia issued a Report & Recommendation to grant a motion to dismiss because the plaintiff's Fair Debt Collection Practices…
Inside Class Actions
Eleventh Circuit Holds Willful Violations of the Fair Credit Reporting Act Do Not Require Proof of Actual Damages
The Eleventh Circuit resurrected a putative class action by holding that consumers need not prove actual damages in order to recover statutory damages based on alleged willful violations of the…
Class Action Defense Blog
Illinois Federal Court Denies Class Certification In A Nationwide FCRA Lawsuit Due To Issues With Commonality, Adequacy Of Representation, And Predominance
By Gerald L. Maatman, Jr., Jennifer A. Riley, and Emilee N. Crowther Duane Morris Takeaways: In Sgouros v. Transunion Corp., No. 1:14-CV-01850, 2023 WL 6690474 (N.D. Ill. Oct. 12, 2023),…
Consumer Finance Monitor
FTC and CFPB submit amicus brief in Second Circuit on FCRA requirement for furnisher to conduct reasonable investigation of disputed information
By Daniel JT McKenna, John L. Culhane, Jr., Elliot Johnson
The Federal Trade Commission (“FTC”) and the Consumer Financial Protection Bureau (“CFPB”) have filed a joint amicus brief in which they urge the U.S. Court of Appeals for the Second…
Consumer Finance and Fintech Blog
CFPB Initiates FCRA Rulemaking on Medical Debt and Data Brokers
By Moorari Shah, A.J. Dhaliwal, Matt Benz
On September 21, the CFPB announced that it has initiated a rulemaking process under the Fair Credit Reporting Act (“FCRA”) that would remove medical bills from consumer credit reports. The…