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Regulatory Rollback: Inside the CFPB’s FCRA Guidance Withdrawal — The Consumer Finance Podcast [Audio]

In this special crossover episode between FCRA Focus and The Consumer Finance Podcast, Kim Phan, Dave Gettings, Chris Willis, and Cindy Hanson explore the recent withdrawal of Consumer Financial Protection Bureau (CFPB)...more

Supreme Court Avoids Class-Action Review Due to Mootness Concerns

On June 5, the U.S. Supreme Court dismissed a writ of certiorari as improvidently granted, leaving unresolved a significant question regarding class-action certification under Federal Rule of Civil Procedure 23. The question...more

Regulatory Rollback: Inside the CFPB's FCRA Guidance Withdrawal — FCRA Focus Podcast [Audio]

In this special crossover episode between FCRA Focus and The Consumer Finance Podcast, Kim Phan, Dave Gettings, Chris Willis, and Cindy Hanson explore the recent withdrawal of Consumer Financial Protection Bureau (CFPB)...more

Second Circuit Explains Reasonable Investigation Standard in Identity Theft Case Under FCRA

In a recent decision, the U.S. Court of Appeals for the Second Circuit clarified the expectations for furnishers when investigating consumer disputes under the Fair Credit Reporting Act (FCRA). In Suluki v. Credit One Bank,...more

Tenant Tales and Reseller Realities: Inside the FCRA Arena With Eric Ellman — FCRA Focus Podcast [Audio]

In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings are joined by Eric Ellman, president of the National Consumer Reporting Association (NCRA), for an insightful discussion on the current landscape of tenant...more

Florida Enacts New Debt Collection Legislation to Account for Modern Technologies — Makes Clear that Emails Are Not Prohibited...

On May 16, Florida Governor Ron DeSantis signed into law CS/CS/SB 232, aimed at refining debt collection practices within the state. Among other things, the amendment to the Florida Consumer Collection Practices Act clarifies...more

The Next FCRA Frontier: Identity Theft and CFPB Updates — FCRA Focus Podcast [Audio]

In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings bring you the latest updates from the regulatory and litigation sides of the house. Dave shares his insights on the challenges and litigation surrounding...more

2024 Credit Reporting Review: Impactful Changes and Future Forecast — FCRA Focus Podcast [Audio]

In this episode of FCRA Focus, host Dave Gettings is joined by Cindy Hanson, Scott Kelly, and Tim St. George, partners in Troutman Pepper Locke’s Consumer Financial Services Practice Group, to discuss the most impactful...more

Fourth Circuit Issues Ruling on Furnisher’s Duty to Investigate Legal Disputes Under FCRA

On March 14, the U.S. Court of Appeals for the Fourth Circuit issued a ruling addressing the obligations of furnishers under the Fair Credit Reporting Act (FCRA) to conduct reasonable investigations of disputed information,...more

Texas Senate Bill 1736 Proposes Allowing Convenience Fees for Electronic Motor Vehicle Payments

On February 27, Texas State Senator José Menéndez (D) introduced Senate Bill 1736, a piece of legislation aimed at regulating convenience fees associated with electronic payments for motor vehicles. SB 1736 would allow such...more

2024 Consumer Financial Services Year in Review and A Look Ahead

We are pleased to share our annual review of regulatory and legal developments in the consumer financial services industry. With active federal and state legislatures, consumer financial services providers faced a challenging...more

Eleventh Circuit Vacates FCC’s One-to-One Consent Rule; FCC Issues Stay

In a previous post, we discussed the oral arguments held on December 18, 2024, by the U.S. Court of Appeals for the Eleventh Circuit in the case of Insurance Marketing Coalition Limited (IMC) v. Federal Communications...more

Recent Developments in California's Arbitration Landscape — FCRA Focus Podcast [Audio]

Join host Dave Gettings and guest Elizabeth Holt Andrews in this episode of FCRA Focus as they delve into the complexities of arbitration in California, a frequent battleground for FCRA cases. Elizabeth, an appellate attorney...more

The FHA's Impact on Consumer Reporting Agencies – FCRA Focus Podcast [Audio]

In this episode of FCRA Focus, host Dave Gettings is joined by fellow partner Tim St. George to delve into the intersection of the Fair Housing Act (FHA), consumer reporting agencies, and The Fair Credit Reporting Act (FCRA)....more

The CFPB Proposes New FCRA Rule to Dramatically Expand Its Scope, Though Finalization is Unlikely

On December 3, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a proposed rule for public comment aimed at amending Regulation V, which implements the Fair Credit Reporting Act (FCRA). The proposed rule seeks...more

Unpacking the Increasingly Popular Fair Credit Billing Act

The Fair Credit Billing Act is not nearly as well-known to creditors and their counsel as its “fair credit” brother, the Fair Credit Reporting Act. But the FCBA is becoming increasingly popular among litigants — often pro se...more

The Fair Credit Billing Act: Key Insights and Practical Tips — FCRA Focus Podcast [Audio]

In this episode of FCRA Focus, host Dave Gettings and his colleague Courtney Hitchcock explore the complexities of the Fair Credit Billing Act (FCBA). With an increase in FCBA claims, including those from pro se litigants, it...more

The Kirtz Decision: FCRA and Government Liability Unpacked — FCRA Focus Podcast [Audio]

In this insightful episode of FCRA Focus, host Dave Gettings and guest Jonathan DeMars, an associate in Troutman Pepper's Consumer Financial Services Practice Group, delve into the recent Supreme Court decision in Department...more

CFPB’s Spring Edition of Its Supervisory Highlights Focuses on Consumer Reporting

Last week, the Consumer Financial Protection Bureau (CFPB or Bureau) released the spring edition of its Supervisory Highlights report, providing a high-level overview of alleged unfair, deceptive, or abusive acts or practices...more

Innovative Jury Strategies and the Power of Preparation — FCRA Focus Podcast [Audio]

In this episode of FCRA Focus, join host Dave Gettings and fellow partner, Jason Manning, as they delve into Jason’s recent experiences trying a consumer case in front of a jury. Jason and Dave discuss the impact of...more

CFPB Advisories on Background Checks and File Disclosures — FCRA Focus Podcast [Audio]

In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings are joined by Partners Cindy Hanson and Ron Raether to discuss recent CFPB advisory opinions on accuracy in background check reports and the inclusion of data...more

Supreme Court Holds Government Agencies are Not Immune from FCRA Liability

On February 8, the U.S. Supreme Court issued a unanimous decision in Department of Agriculture Rural Development Rural Housing Service (USDA) v. Kirtz, holding that the Fair Credit Reporting Act’s (FCRA) clear statutory text...more

Year in Review and a Look Ahead: The Evolving Landscape of Background Screening and Credit Reporting — The Consumer Finance... [Audio]

Join hosts Dave Gettings, Kim Phan, and Chris Willis in this special crossover episode of FCRA Focus and The Consumer Finance Podcast in the first installment of our Year in Review and a Look Ahead series. They are joined by...more

Year in Review and a Look Ahead: The Evolving Landscape of Background Screening and Credit Reporting — FCRA Focus Podcast [Audio]

Join hosts Dave Gettings, Kim Phan, and Chris Willis in this special crossover episode of FCRA Focus and The Consumer Finance Podcast in the first installment of our Year in Review and a Look Ahead series. They are joined by...more

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