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Notice and Disclosure Obligations: Virginia Consumer Data Protection Act Series (Part Three)

One key area where Virginia’s Consumer Data Protection Act (CDPA) differs from the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA) is the law’s notice and disclosure...more

California Federal Magistrate Judge Approves $175,000 Class Action Settlement for Employer’s Alleged Violation of FCRA’s...

A federal magistrate judge in the Northern District of California approved a class settlement of nearly $175,000 for an alleged violation of the FCRA’s stand-alone disclosure requirement. The class was comprised of over 1,000...more

Ten Key FCRA Decisions of 2020

The year 2020 was an unprecedented year, but one thing remained constant: the number of Fair Credit Reporting Act (FCRA) case filings continued to increase dramatically. In addition to new filings, the year saw several key...more

Professional Background Screening Association Wins Freedom of Information Appeal Against Arkansas Clerk of Court

The Supreme Court of Arkansas ruled in favor of the Professional Background Screening Association (“PBSA”) against the Clerk of the Court of Benton County, Arkansas, Bentonville Division, holding that background screeners’...more

No Federal Court Standing for Data Breach Claims Alleging Theft of Non-Sensitive Personal Information

A federal court in California has ruled that the plaintiff in a putative class action alleging theft of non-sensitive personal information arising from a cybersecurity data breach lacks Article III standing to maintain his...more

Home Security Company Will Pay $600,000 Civil Penalty in FCRA Settlement for Failing to Provide Risk-Based Pricing Notice

The Consumer Financial Protection Bureau (“CFPB”) has sounded the alarm on a home security company’s alleged violation of the Fair Credit Reporting Act (“FCRA”). On December 11, 2020, the CFPB announced that it and the...more

Big News for Background Screening: New Appellate Ruling Says FCRA Permits Reporting Unmatched Criminal Records

Addressing a recurring issue bedeviling the background screening industry, the U.S. Court of Appeals for the Eleventh Circuit confirmed on December 4 that it is not inaccurate for a consumer reporting agency (CRA) to report a...more

Maine Federal Court Finds State-Imposed Credit Reporting Restrictions Preempted by the FCRA

A federal court in Maine recently held that the federal Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681, et seq., preempts burdensome credit reporting restrictions imposed by the Maine Fair Credit Reporting Act. “By...more

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