News & Analysis as of

Fair Credit Reporting Act (FCRA) Consumer Reports Financial Services Industry

Troutman Pepper Locke

CFPB Continues “Pausing” Litigation: This Time in Medical Debt Rule Litigation

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The Consumer Financial Protection Bureau (CFPB or Bureau) requested and was granted a 90-day stay in the litigation involving trade associations Cornerstone Credit Union League (Cornerstone) and the Consumer Data Industry...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: The CFPB's Proposed Data Broker Rule

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In today's episode, we discuss the CFPB’s recent proposed data broker rule—a proposal that would greatly expand the reach of the Fair Credit Reporting Act. On December 3, the CFPB issued a proposed rule promoted as one that...more

Arnall Golden Gregory LLP

CFPB Proposed FCRA Rulemaking Could Significantly Expand FCRA Coverage and Restrict Access to Information

The Consumer Financial Protection Bureau (“CFPB”) has published a Notice of Proposed Rulemaking (“NPRM”) titled “Protecting Americans From Harmful Data Broker Practices” 89 Fed. Reg. 101402 (Dec. 13, 2024). If adopted in its...more

Orrick, Herrington & Sutcliffe LLP

CFPB maintains 2025 FCRA disclosure charge at $15.50

On November 29, the CFPB announced in the Federal Register a final rule amending Regulation V (12 C.F.R. Part 1022), which implements the FCRA. The rule sets maximum allowable charge for consumer file disclosures at $15.50...more

Mayer Brown

CFPB Releases Long-Awaited Proposed Amendments to Regulation V to Regulate Data Brokers

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On December 3, 2024, the Consumer Financial Protection Bureau (“CFPB” or the “Bureau”) issued a proposed rule (the “Proposed Rule”) to amend Regulation V, which implements the Fair Credit Reporting Act (FCRA). The Proposed...more

Orrick, Herrington & Sutcliffe LLP

CFPB seeks comment on ANPR to amend Regulation V

On December 9, the CFPB issued an advance notice of proposed rulemaking (ANPR) to request public comment on potential amendments to Regulation V, which implements the FCRA. As described by the CFPB, the ANPR would address...more

Orrick, Herrington & Sutcliffe LLP

CFPB issues NPRM amending Regulation V to cover data brokers

On December 3, the CFPB released a proposed rule to amend Regulation V, which implements the FCRA in an attempt to have the FCRA cover the activities of data brokers by amending the definitions of “consumer reports” and...more

Ballard Spahr LLP

CFPB proposes FCRA rule with potential implications far beyond the stated focus on data brokers

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The CFPB has proposed a rule that it promotes as ensuring that Fair Credit Reporting Act (FCRA) protections are applied to sensitive consumer information that the statute was designed to protect, including information sold by...more

Cooley LLP

CFPB Proposes New Rules That, If Finalized, Would Significantly Expand FCRA’s Reach

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On December 3, 2024, the Consumer Financial Protection Bureau (CFPB) issued a notice of proposed rulemaking (NPR) – Protecting Americans from Harmful Data Broker Practices. The CFPB’s proposal would amend Regulation V, which...more

Hogan Lovells

CFPB targets data broker industry in proposed amendments to Fair Credit Report Act regulations

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The Consumer Financial Protection Bureau this week issued a proposed rule that seeks to bring data brokers within the definition of a consumer reporting agency, citing national security and privacy concerns in order to give...more

Wiley Rein LLP

CFPB Proposes to Expand Reach of Fair Credit Reporting Act to “Data Brokers” and Beyond

Wiley Rein LLP on

On December 3, 2024, the Consumer Financial Protection Bureau (CFPB) issued a Notice of Proposed Rulemaking (NPRM or Proposed Rule) that proposes to significantly expand the scope of the Fair Credit Reporting Act (FCRA) to...more

Troutman Pepper Locke

The CFPB Proposes New FCRA Rule to Dramatically Expand Its Scope, Though Finalization is Unlikely

Troutman Pepper Locke on

On December 3, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a proposed rule for public comment aimed at amending Regulation V, which implements the Fair Credit Reporting Act (FCRA). The proposed rule seeks...more

Orrick, Herrington & Sutcliffe LLP

CFPB provides guidance on employer responsibilities and surveillance under the FCRA

On October 24, the CFPB published Consumer Financial Protection Circular 2024-06, providing guidance on the use of background dossiers, algorithmic scores, and other third-party consumer reports by employers in making...more

Cooley LLP

CFPB Says FCRA May Govern Background Report Providers and Users, Including Tech Companies

Cooley LLP on

On October 24, 2024, the Consumer Financial Protection Bureau (CFPB) issued a consumer financial protection circular explaining that background reports, including scores, obtained from third parties and “used by employers to...more

Kelley Drye & Warren LLP

AI Alert: CFPB Tightens FCRA Rules for Employers

On October 22, 2024 the Consumer Financial Protection Bureau (CFPB) released the final version of the Personal Financial Data Rights Rule (that we reported about here). However, the CFPB did not rest there, two days later it...more

Ballard Spahr LLP

Appeals Court: No FCRA Informational Injury Standing

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A job applicant who claims he was not fully informed about adverse information that appeared on a background check is not entitled to relief under the Fair Credit Reporting Act (the FCRA), the Sixth Circuit Court of Appeals...more

Orrick, Herrington & Sutcliffe LLP

6th Circuit reverses decision on plaintiff’s FCRA claim

On August 19, the U.S. Court of Appeals for the Sixth Circuit reversed a District Court’s decision on the FCRA’s reasonable procedures and reasonable reinvestigation provisions. The 6th Circuit found that a consumer reporting...more

Ballard Spahr LLP

CFPB issues proposal to prohibit use of medical debt information in credit decisions

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The steady drumbeat of steps during Rohit Chopra’s tenure as CFPB Director to call into question the reliability and predictability of medical debt information in credit underwriting reached a crescendo last week with the...more

Ballard Spahr LLP

CFPB issues letters in support of Connecticut and California bills on medical debt reporting; Connecticut bill enacted

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The Consumer Financial Protection Bureau (CFPB) has issued two letters in support of state efforts to prohibit medical debt reporting. In March 2024, CFPB Director Rohit Chopra sent a letter to the California State Senate in...more

Troutman Pepper Locke

Eleventh Circuit Declines to Issue Brightline Rule that Legal Disputes are Not Actionable Under FCRA Instead Finding That Disputes...

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In Holden v. Holiday Inn Club Vacations Inc., the U.S. Court of Appeals for the Eleventh Circuit recently upheld a consolidated district court ruling granting summary judgment for the defendant furnisher in two Fair Credit...more

Blank Rome LLP

Eleventh Circuit Affirms Dismissal of FCRA Claims Since Alleged Inaccurate Information Was Not Objectively and Readily Verifiable

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Financial institutions, credit furnishers, debt collectors, and other businesses reporting consumer information to credit reporting agencies should take note that the Eleventh Circuit Court of Appeals has declined to impose a...more

Troutman Pepper Locke

Kentucky Introduces Legislation Requiring CRAs to Obtain Express Consumer Consent Prior to Furnishing a Consumer Report or Credit...

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On February 16, Kentucky state representative Steve Bratcher (R) introduced House Bill (HB) 578. The bill seeks to create a new section of the Kentucky Consumer Protection Act that would restrict how consumer reporting...more

Hinshaw & Culbertson LLP

U.S. Supreme Court Holds Consumers Can Sue the Government for Violating the FCRA

On February 8, 2024, the United States Supreme Court issued a unanimous decision in Department of Agricultural Rural Development Rural Housing Service v. Kirtz by holding that a consumer may sue the government under the Fair...more

Fox Rothschild LLP

Supreme Court: Government Agencies Can Be Liable Under FCRA for Credit Reporting Errors

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The U.S. Supreme Court has ruled that federal government agencies can be held liable under the Fair Credit Reporting Act when they fail to investigate or correct inaccurate information furnished to credit reporting agencies. ...more

Troutman Pepper Locke

Supreme Court Holds Government Agencies are Not Immune from FCRA Liability

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On February 8, the U.S. Supreme Court issued a unanimous decision in Department of Agriculture Rural Development Rural Housing Service (USDA) v. Kirtz, holding that the Fair Credit Reporting Act’s (FCRA) clear statutory text...more

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