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CFPB's Rulemaking Under the FCRA (Part 2) – Crossover Episode With The Consumer Finance Podcast - FCRA Focus Podcast [Audio]

Join us for the second episode in a special three-part series covering the CFPB's intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave...more

CFPB's Rulemaking Under the FCRA – Crossover Episode With The Consumer Finance Podcast - FCRA Focus Podcast [Audio]

Join us for the first episode in a special three-part series covering the CFPB's intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave...more

CFPB's Rulemaking Under the FCRA – Crossover Episode With FCRA Focus Podcast - The Consumer Finance Podcast [Audio]

Join us for the first episode in a special three-part series covering the CFPB’s intention to propose new rules under the Fair Credit Reporting Act (FCRA). In this episode, Troutman Pepper Partners Chris Willis, Dave...more

Impending FCRA Data Broker Rulemaking Announced by CFPB Director Chopra at White House Data Broker Roundtable

At a White House Roundtable on protecting Americans from allegedly harmful “data broker” practices, Consumer Financial Protection Bureau (CFPB or Bureau) Director Rohit Chopra announced the Bureau’s intention to expand the...more

Amendment to California Employment Regulation May Impact Background Screeners

On July 24, the California Office of Administrative Law approved the Civil Rights Council’s (the Council) proposed amendment to California’s Employment Regulations Relating to Criminal History, which are set to become...more

CFPB Releases Blog Post Favoring Use of Self-Reported Cash Flow Data in Credit Underwriting

On July 27, the Consumer Financial Protection Bureau (CFPB) released a new blog post, positing that cashflow data, broadly defined as the various inflows, outflows, and accumulated amounts in a consumer’s checking and savings...more

Michigan House Bill Proposes Excluding Tenant Credit Scores from Rental Decisions

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

Creditors and Employers Beware: CFPB Amends Model Background Check Form and Adverse Action Language

The Consumer Financial Protection Bureau (CFPB or Bureau) issued a final rule updating, among other things, the model form for the Fair Credit Reporting Act (FCRA) Summary of Consumer Rights and information that must be...more

Supreme Court to Hear CFPB Funding Case

This morning the U.S. Supreme Court granted the Consumer Financial Protection Bureau’s (CFPB or Bureau) petition for certiorari in Community Financial Services Association of America Ltd. (CFSA) v. CFPB, a case that could...more

Community Financial Services Association of America Files Opposition to Certiorari and Cross Petition for Certiorari

As discussed here, on October 19, 2022 the Fifth Circuit Court of Appeals in Community Financial Services Association of America Ltd. (CFSA) v. Consumer Financial Protection Bureau (CFPB) held that the CFPB’s funding...more

Second Circuit Holds No FCRA Violation When Dischargeability of Debt is a Legal Question

Should credit reporting agencies (CRAs) be held liable under the Fair Credit Reporting Act (FCRA) for alleged reporting inaccuracies that turn on legal disputes? According to the Second Circuit in a recent decision, the...more

CFPB’s Involvement in Tenant Screening - FCRA Focus Podcast [Audio]

Please join Consumer Financial Services Partner Dave Gettings and his fellow Partner Ron Raether as they discuss the Consumer Financial Protection Bureau and its supervision of the tenant screening industry. During this...more

Third Circuit Hands Down Decision in FCRA Pay Status Cases - FCRA Focus Podcast [Audio]

Please join Consumer Financial Services Partner Dave Gettings and his colleagues Ethan Ostroff, Brooke Conkle, and Jon Kenney as they discuss the Third Circuit’s recent decision in the Bibbs case, particularly the Third...more

Recent Trends in Class-Action Consumer Finance Litigation - The Consumer Finance Podcast [Audio]

Please join Consumer Financial Services Partner Chris Willis and his guests and colleagues Dave Gettings and Mary Kate Kamka as they discuss recent trends in class-action consumer finance litigation, including: -The...more

A Conversation with Kristi Kelly of Kelly Guzzo - FCRA Focus Podcast [Audio]

Join Consumer Financial Services Partner Dave Gettings as he hosts guest Kristi Kelly, one of the founders of Kelly Guzzo PLC, for a conversation discussing current FCRA trends from the plaintiffs’ counsel perspective. As a...more

Facing CFPB Criticism, Credit Bureaus Dramatically Reduce Medical Debt Credit Reporting

On March 18, the three nationwide consumer reporting agencies — Equifax, Experian, and TransUnion (NCRAs) — announced plans to change how medical debt will be reported on credit reports. The joint measures will result in the...more

Third Circuit Hears Oral Argument on FCRA “Pay Status” Cases

On January 20, the Third Circuit Court of Appeals held oral argument in Bibbs v. Trans Union, LLC. This case is a consolidated appeal of multiple decisions from the Eastern District of Pennsylvania, granting dispositive...more

Multiple Interpretations and Credit Reporting: Third Circuit District Court Dismisses Plaintiff’s First Amended Complaint in FDCPA...

In Knight v. AR Res., Inc., a Third Circuit district court granted a defendant’s motion to dismiss a plaintiff’s first amended complaint in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court...more

CFPB Publishes Compliance Aids in Anticipation of New Debt Collection Final Rules Becoming Effective

Last month, industry saw the Consumer Financial Protection Bureau (CFPB) issue a number of compliance aids in anticipation of two CFPB Debt Collection Final Rules becoming effective on November 30. On October 1, the CFPB...more

CFPB Issues Advisory Opinion on Name-Only Matching

On November 4, the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion, stating that a consumer reporting agency (CRA) that engages in name-only matching violates the Fair Credit Reporting Act’s (FCRA)...more

CFPB Issues the 2021 Mortgage Servicing COVID-19 Rule

On June 28, the Consumer Financial Protection Bureau (CFPB) issued a final rule to amend Regulation Z’s mortgage servicing requirements in order to “establish temporary special safeguards to help ensure that borrowers have...more

Avila Safe Harbor Language: New York District Court Grants Motion for Judgment on the Pleadings for Defendant in FDCPA Case

In Klein v. Forster & Garbus LLP, a New York district court granted the defendant debt collector’s motion for judgment on the pleadings and denied the plaintiff’s request to amend his complaint in a Fair Debt Collection...more

CFPB Issues Interpretive Rule Outlining Authority to Conduct MLA Examinations

On June 16, the Consumer Financial Protection Bureau (CFPB) issued an interpretive rule to explain the basis for its position that the CFPB possesses the authority to “examine supervised financial institutions for risks to...more

The Scope of the Least Sophisticated Consumer Standard: New York District Court Grants Defendant’s Motion to Dismiss in FDCPA Case

In Teitelbaum v. I.C. Sys., a New York district court granted a defendant’s motion to dismiss in a Fair Debt Collection Practices Act (FDCPA) case. In its holding, the court emphasized that the least sophisticated consumer...more

“Consumer Debt” and Collection Letters: Arizona District Court Denies Plaintiff’s Motion for Partial Judgment on the Pleadings

In Uvaldo v. Germain Law Office PLC, an Arizona District Court denied a plaintiff’s motion for partial judgment on the pleadings in a Fair Debt Collection Practices Act case. In its holding, the court emphasized that the...more

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