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Credit Reports Consumer Reporting Agencies

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

Frost Brown Todd

Texas Court Vacates CFPB’s Medical Debt Rule: Lender and CRA Takeaways

Frost Brown Todd on

On July 11, 2025, the U.S. District Court for the Eastern District of Texas vacated the Consumer Financial Protection Bureau (CFPB)’s medical debt rule. The final rule, originally scheduled to go into effect in March of this...more

Brownstein Hyatt Farber Schreck

Federal Court Vacates CFPB’s Medical Debt Rule, Finds FCRA Preempts State Laws

On July 11, 2025, the U.S. District Court for the Eastern District of Texas vacated the Consumer Financial Protection Bureau’s (CFPB) rule prohibiting the inclusion of medical debt on consumer credit reports. The court also...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

Foley & Lardner LLP

Maryland Insurance Administration Proposes to Revise Regulation Governing Disclosures of Credit Scoring Use in Private Passenger...

Foley & Lardner LLP on

The Maryland Insurance Administration (MIA) recently proposed to revise a regulation regarding the use and disclosure of credit history in underwriting and rate making for personal automobile policies. Specifically, the...more

Hudson Cook, LLP

When Does a Consumer's Permission to Make Credit Inquiries Expire?

Hudson Cook, LLP on

If at first you don't succeed, try, try again, right? That advice may be good for life in general, but it's not so good for running credit inquiries. ...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

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

CFPB issues correction of “credit invisibles” estimate

On June 23, the CFPB issued a technical correction and update to its estimate of “credit invisibles” — adults in the U.S. without a credit record or with insufficient credit history to generate a credit score. As previously...more

Orrick, Herrington & Sutcliffe LLP

Oregon prohibits reporting medical debt to consumer reporting agencies

On June 23, the Oregon Legislature chaptered SB 605, enacting new restrictions on the reporting of medical debt to consumer reporting agencies. The law prohibits any person from reporting to a consumer reporting agency the...more

Holland & Knight LLP

CFPB Seeks to Vacate the Medical Debt Rule

Holland & Knight LLP on

The CFPB on April 30, 2025, reached an agreement with lender trade groups to vacate the Prohibition on Creditors and Consumer Reporting Agencies Concerning Medical Information Rule (the Medical Debt Rule). The joint motion...more

Sheppard Mullin Richter & Hampton LLP

CFPB Withdraws Medical Debt Rule After Legal Challenge from Industry Groups

On May 1, the CFPB filed a joint motion with two financial trade groups to vacate a Biden-era rule barring most medical debt from appearing on consumer credit reports. The motion comes after lender groups filed a lawsuit in...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Ballard Spahr LLP

Legislation to prohibit ‘trigger leads’ in mortgage industry reintroduced in House, Senate

Ballard Spahr LLP on

Legislation to prohibit so-called “trigger leads” in the homebuying process once again has been reintroduced in the House and Senate....more

Orrick, Herrington & Sutcliffe LLP

Consumer reporting amendments limit reportable information in Utah

On March 26, Utah enacted SB 70 (the “Act”), which limits the information consumer reporting agencies are allowed to provide. The Act prohibits consumer reporting agencies from reporting information related to arrests or...more

Orrick, Herrington & Sutcliffe LLP

Credit reporting agencies move to dismiss medical debt case

On March 3, a trio of credit reporting agencies (defendants) moved to dismiss a plaintiff’s second amended complaint filed in the U.S. District Court for the Eastern District of California. The defendants faced allegations...more

Orrick, Herrington & Sutcliffe LLP

District Court halts CFPB medical debt rule for 90 days

On February 6, the U.S. District Court in the Eastern District of Texas issued a 90-day stay of the upcoming March 17 effective date of the CFPB’s rule banning medical debt from appearing on credit reports. ...more

Hudson Cook, LLP

CFPB Bites of the Month - 2024 Annual Review - Debt Collection

Hudson Cook, LLP on

In this article, we share a timeline of our monthly "bites" for 2024 applicable to debt collection practices. Like 2023, the theme of 2024 was medical debt collection....more

Troutman Pepper Locke

CFPB Updates List of Consumer Reporting Companies for 2025

Troutman Pepper Locke on

On January 30, the Consumer Financial Protection Bureau (CFPB or Bureau) released its updated list of consumer reporting companies for 2025. The list includes nationwide consumer reporting companies as well as several other...more

Orrick, Herrington & Sutcliffe LLP

CFPB supports states barring medical debt on credit reports

On January 28, the CFPB expressed support for legislative efforts in Massachusetts, Washington State, Oregon and South Dakota which prohibit furnishing medical debt information to a consumer credit reporting agency and...more

Epstein Becker & Green

CFPB’s Recent Rule Eliminates Medical Debt from Credit Reports

Epstein Becker & Green on

On January 7, 2025, the Consumer Financial Protection Bureau (“CFPB”) published a final Rule (the “Rule”) that prohibits consumer reporting agencies from including individuals’ medical debt on consumer credit reports....more

Goodwin

New York Attorney General Reaches $725,000 Settlement with Credit Reporting Provider to Resolve Allegations of Inaccurate Credit...

Goodwin on

On January 14, 2025, New York Attorney General Letitia James announced that the state had entered into a settlement​ with a national credit reporting provider​ to resolve allegations that the provider had ​harmed consumers by...more

Troutman Pepper Locke

CFPB Releases Report Highlighting Consumer Use of Buy Now, Pay Later Products

Troutman Pepper Locke on

On January 13, the Consumer Financial Protection Bureau (CFPB or Bureau) released a report providing its analysis of the growth and impact of Buy Now, Pay Later (BNPL) loans in the United States since 2019. BNPL loans,...more

Cooley LLP

CFPB Finalizes Rule Curbing Use and Reporting of Medical Debt

Cooley LLP on

On January 7, 2025, the Consumer Financial Protection Bureau (CFPB) issued a final rule that would generally prohibit lenders from considering medical debt information when determining a consumer’s eligibility for credit, and...more

Troutman Pepper Locke

Trade Associations File Challenge to CFPB’s Rule on Medical Debt in Consumer Reports

Troutman Pepper Locke on

The Consumer Financial Protection Bureau (CFPB or Bureau) finalized a rule aimed at removing an estimated $49 billion in medical bills from the consumer reports of approximately 15 million Americans. This rule amends...more

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