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Troutman Pepper Weekly Consumer Financial Services Newsletter - October 2022 # 3

To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week...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

Proposed Legislation Would Allow Furnishing Utility and Phone Bills to Credit Reporting Agencies

On September 26, Representative French Hill (R-AR) introduced new legislation, H.R. 8985, also known as the Credit Access and Inclusion Act of 2022, to amend the Fair Credit Reporting Act and allow payment information for...more

Third Circuit Adopts “Reasonable Reader” Standard for Evaluating Whether a Credit Report Is Inaccurate or Misleading

What standard should courts use to determine whether information contained in a consumer’s credit report is inaccurate or misleading? According to the Third Circuit in a recent precedential decision, the standard should be...more

CFPB’s Increasingly Active Interest in Credit Reporting - FCRA Focus Podcast [Audio]

Please join Consumer Financial Services Partner Dave Gettings and his fellow Partner Ethan Ostroff as they discuss the Consumer Financial Protection Bureau’s increasingly active interest in credit reporting, including a...more

Hyundai Ordered to Pay $19 Million in Penalties in CFPB’s Largest Fair Credit Reporting Case Against an Auto Servicer

The Bureau of Consumer Financial Protection (CFPB) ordered Hyundai Capital America (Hyundai) to pay $19.2 million for allegedly providing inaccurate information to consumer reporting agencies, including, the CFPB alleged,...more

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - June 2022 # 4

Like most industries today, Consumer Finance Services businesses continue to be significantly impacted by COVID-19. To help you keep abreast of relevant activities, below find a breakdown of some of the biggest legislative...more

CFPB Probes ‘Suppressed’ Credit Card Payment Reporting

On May 25, the Consumer Financial Protection Bureau (CFPB or Bureau) published a blog post, examining what it describes as the “practice of suppressing payment data.”...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

California Judge Dismisses FCRA and CCRAA Complaint

Recently, a district judge in California granted a defendant’s motion to dismiss in Koeut v. Navient Corp., ruling that the plaintiff failed to specifically allege facts to support an inference that Navient Corporation and...more

District Court Grants More Than $17,000 in Damages and Attorney’s Fees to Plaintiff Who Obtained Default Judgment in FCRA Action

Judge James Teilborg of the U.S. District Court Judge for the District of Arizona awarded Thomas McDermott over $17,000 in damages and attorney’s fees after he obtained a default judgment against collection agency, Perfection...more

Second Circuit Holds Reporting a Judgment as “Satisfied” was Accurate and Provides Guidance on Defending Claims for Willfully...

The Second Circuit Court of Appeals recently upheld a ruling that reporting a judgment as “satisfied” was accurate under the Fair Credit Reporting Act (FCRA) when the underlying lawsuit was dismissed by stipulation as...more

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - April 2021

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

Troutman Pepper Weekly Consumer Financial Services COVID-19 Newsletter - March 2021 #3

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more

2020 Consumer Financial Services Year in Review & A Look Ahead

2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions...more

Factually v. Legally Inaccurate Information, The Difference Matters: Court Rejects FCRA Claims Based on Disputed Legal Issue

On January 21, 2021, the United States District Court for the Northern District of Illinois granted TransUnion Data Solutions LLC’s (Trans Union) motion for judgment on the pleadings, denying Blue Sobenes’ (Sobenes) claims...more

Federal Preemption Does Not Always Constitute Grounds For Removal: Court Rejects Removal Based On FCRA And FDCPA Preemption Claims

On January 20, 2021, the Southern District of New York granted Emmanuel Torres’ (“Torres”) motion to remand to state court, holding that Wakefield & Associates’ (“Wakefield”) and Rural Metro Ambulance Corporation’s (“Rural...more

Supreme Court to Take a Stand on Standing, Granting Cert. of 9th Circuit’s Ramirez Decision

The Supreme Court granted cert in Ramirez v. TransUnion LLC to consider “whether either Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury...more

CFPB To Maintain Credit Reporting Guidance Issued in April

We reported in September of this year on a demand from multiple consumer advocacy groups to the Consumer Financial Protection Bureau (“CFPB”) to rescind its April 1, 2020, credit report guidance that relaxed the Fair Credit...more

Consumer Groups Urge CFPB To Rescind Credit Reporting Guidance Issued in April

Multiple consumer advocacy groups are demanding the Consumer Financial Protection Bureau (“CFPB”) rescind its April 1, 2020, credit reporting guidance regarding the investigation of error disputes vowed at the beginning of...more

Pennsylvania Federal Court Finds Lack of Article III Standing in Purely Procedural FCRA Violation and Dismisses Putative Class

On July 27, 2020, the Eastern District of Pennsylvania confirmed that a plaintiff lacks Article III standing to state a claim for violation of the Fair Credit Reporting Act (“FCRA”) premised solely on the failure to receive a...more

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