News & Analysis as of

Consumer Protection Laws Fair Credit Reporting Act (FCRA)

Orrick, Herrington & Sutcliffe LLP

Eighth Circuit vacates FDCPA judgement, finding statutorily-required letter does not confer standing

On August 13, the U.S. Court of Appeals for the 8th Circuit reversed a lower court’s ruling that awarded damages and attorneys’ fees to a consumer who received a debt collection letter after requesting no further contact. The...more

Orrick, Herrington & Sutcliffe LLP

District court rules FDCPA claims survive in fraud case against bank

On August 13, the U.S. District Court for the Northern District of California granted in part and denied in part the defendant’s motion for summary judgment, allowing the plaintiff’s claim under the FCRA against a bank to...more

Wiley Rein LLP

FTC Consumer Protection and Privacy Enforcement Series: The Fair Credit Reporting Act—Who Is Covered and How to Comply

Wiley Rein LLP on

For the latest installment of our series of practical insights on emerging Federal Trade Commission (FTC) consumer protection and data privacy priorities, we discuss coverage and requirements under the Fair Credit Reporting...more

Cozen O'Connor

FCRA, FDCPA, TCPA Filings Are Surging — Are Your Defenses Ready?

Cozen O'Connor on

The second quarter of 2025 delivered a noticeable uptick in consumer protection lawsuits targeting banks and other financial institutions. FCRA filings jumped about 12% year-over-year, TCPA cases spiked as much as 39% in...more

Venable LLP

CFPB Reviewing Consumer Reporting Larger Participant Rule

Venable LLP on

The Consumer Financial Protection Bureau (CFPB) is inviting comment on whether its 2012 "larger participant" rule for the consumer reporting market continues to capture the most significant market actors in light of industry...more

McGlinchey Stafford

Litigation Byte (July 2025 Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. Second Department Holds Judicial Estoppel Bars...more

McGlinchey Stafford

Southern District of New York Finds No Private Right of Action for Improper Reporting Under the FCRA

McGlinchey Stafford on

The Southern District of New York dismissed an action under the Fair Credit Reporting Act (FCRA), finding that there was no private right of action under section 1681s-2(a) for purportedly inaccurate reporting by a furnisher....more

Brownstein Hyatt Farber Schreck

President Expected to Sign Bill to Rein In Mortgage ‘Trigger Leads’

Over the weekend the Senate by voice vote passed H.R. 2808, the House version of the Homebuyers Privacy Protection Act, sending the bill to President Trump for signature. The bill is led by Reps. John Rose (R-TN) and Ritchie...more

Morgan Lewis

Consumer Finance in the US Automotive Industry

Morgan Lewis on

As the legal environment for consumer financial services continues to shift through 2025, regulatory activity in the automotive sector has emerged as a fast-evolving area of focus for industry stakeholders. Recent...more

Saul Ewing LLP

Eleventh Circuit Rules Consumer Must Arbitrate FCRA Suit Following Clickwrap Agreement

Saul Ewing LLP on

How can a company ensure that its clickwrap agreements for services are worth more than just the pixels they’re displayed on? In a recent ruling from the U.S. Court of Appeals for the Eleventh Circuit, the answer may be as...more

Troutman Pepper Locke

Suluki Secrets: Behind the Scenes of Reasonable Investigations — FCRA Focus Podcast

Troutman Pepper Locke on

In this episode of FCRA Focus, host Dave Gettings is joined by Brooke Conkle and Mandi Blackmon to explore the intricacies of a furnisher's reasonable investigation under Section 1681s-2(b) of the Fair Credit Reporting Act...more

Wiley Rein LLP

Wiley Consumer Protection Download (July 29, 2025)

Wiley Rein LLP on

FTC Obtains Temporary Restraining Order and Asset Freeze Against Seven Debt Relief Companies and Their Owners for Allegedly Deceptive Practices. On July 14, the FTC filed a complaint and motion for temporary restraining order...more

Saul Ewing LLP

Eleventh Circuit Rules “Self-Inflicted” Harm Does Not Create FCRA Standing

Saul Ewing LLP on

If an error is in a credit file and no one is around to see it, does it create standing? No, according to the U.S. Court of Appeals for the Eleventh Circuit, noting a plaintiff “cannot manufacture standing by spending time...more

Venable LLP

FTC’s Ever-Expanding Remedies Toolkit: GLBA and Impersonation Rule Applied to Debt Relief Scheme

Venable LLP on

On July 14, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Arizona against a group of companies and individuals operating under the “Accelerated Debt” brand, alleging they...more

Shipkevich PLLC

FTC Targets Deceptive Debt Relief Operation for Misleading Consumers

Shipkevich PLLC on

In a recent enforcement action highlighting its ongoing scrutiny of deceptive debt relief schemes, the Federal Trade Commission (“FTC”) has shut down an operation accused of falsely representing affiliations with government...more

Shipkevich PLLC

June 2025 Consumer Litigation Trends: TCPA and Class Actions Lead the Way with a Continued Rise in YTD Statistics

Shipkevich PLLC on

WebRecon’s latest June 2025 report continues to reveal a general rise in the consumer complaint and litigation landscape based on year-to-date (YTD) figures. Since May 2025, Telephone Consumer Protection Act (TCPA) litigation...more

Orrick, Herrington & Sutcliffe LLP

District court tosses CFPB’s medical debt rule

On July 11, the U.S. District Court for the Northern District of Texas vacated the CFPB’s medical debt rule on the grounds that it exceeded the Bureau’s statutory authority and violated both the FCRA and the APA, granting the...more

Balch & Bingham LLP

CFC How Standing Can Make or Break Certification - (TRANSCRIPT)

Balch & Bingham LLP on

Class actions are on the rise. Is your business ready to protect itself? Hi, I'm Jason Tompkins, a member of Balch's Consumer Finance Compliance and Defense Practice. Debt collectors are frequent targets of class actions...more

Orrick, Herrington & Sutcliffe LLP

Eleventh Circuit reverses “clickwrap” case in favor of credit agency

On July 3, the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s denial of a motion to compel arbitration, ordering that a dispute between an individual and a credit reporting company...more

Troutman Pepper Locke

May 2025 Consumer Litigation Filings: Mostly Up

Troutman Pepper Locke on

According to a recent report by WebRecon, court filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and complaints filed with the Consumer Financial Protection Bureau (CFPB) were...more

McGlinchey Stafford

Litigation Byte (June 2025 Edition)

McGlinchey Stafford on

SCOTUS Says: Hobbs Act Does Not Bind a District Court to the FCC’s Interpretation of a Statute - On May 1, 2025, the American Arbitration Association’s new amendments to the Consumer Arbitration Rules officially went into...more

Mayer Brown

States Dialing in on Mortgage Trigger Leads

Mayer Brown on

In a notable trend in state consumer financial regulation, state legislatures are increasingly seeking to regulate a variety of marketing and advertising practices, rather than limiting their regulatory focus limited to the...more

McGlinchey Stafford

Fifth Circuit Affirms FCRA Limits: Credit Reporting Agencies are Not Required to Resolve Fraud Claims

McGlinchey Stafford on

In a case of first impression, the Fifth Circuit in Reyes v. Equifax Information Systems, L.L.C., joined the First, Seventh, Ninth, and Tenth Circuits in affirming the District Court for the Eastern District of Texas’s...more

Orrick, Herrington & Sutcliffe LLP

Fifth Circuit affirms lower court’s decision holding that a credit reporting agency did not violate the FCRA by not investigating...

On June 13, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision granting summary judgment in favor of the defendant, a credit reporting agency, and dismissing all claims brought by the...more

Sheppard Mullin Richter & Hampton LLP

Maine Enacts Ban on Reporting Medical Debt to Credit Bureaus

On June 9, Maine Governor Janet Mills signed into law LD558, which prohibits the reporting of medical debt to consumer reporting agencies. The law bars medical creditors, debt collectors, and debt buyers from furnishing...more

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