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Fair Credit Reporting Act (FCRA) Credit Reports Consumer Protection Laws

McGlinchey Stafford

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

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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

Morgan Lewis

Consumer Finance in the US Automotive Industry

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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 “Self-Inflicted” Harm Does Not Create FCRA Standing

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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

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

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

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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

Sheppard Mullin Richter & Hampton LLP

Fourth Circuit Expands FCRA Liability: Legal Inaccuracies Now Actionable

On March 14, the U.S. Court of Appeals for the Fourth Circuit vacated the dismissal of a lawsuit alleging a failure to reasonably investigate a disputed debt. The lawsuit concerned a consumer who disputed a debt that she...more

Bradley Arant Boult Cummings LLP

Fourth Circuit Ruling Provides New Guidance as to Furnishers’ Duty to Investigate Legal Disputes Under the FCRA

The Fair Credit Reporting Act (FCRA) has been a notoriously active area for litigation, especially class-action litigation, in recent years. One issue that continues to be litigated in FCRA cases involving data furnisher...more

Woods Rogers

Fourth Circuit Rules on Furnisher’s Duty To Investigate Disputed Debt under the Fair Credit Reporting Act

Woods Rogers on

On March 14, 2025, in a case of first impression, the U.S. Court of Appeals for the Fourth Circuit addressed the nature of a furnisher’s duty to investigate disputed information appearing in a consumer’s credit report under...more

Goodwin

CFPB Reports on Consumer Complaint Trends

Goodwin on

The Consumer Financial Protection Bureau (CFPB) recently issued its annual report analyzing the consumer complaints it received in 2024.  The CFPB collects complaints through its website, phone calls, and mail....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

McGlinchey Stafford

Court Enjoins Landlord from Reporting Withheld Rent Payments to Credit Reporting Agencies

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On March 11, 2025, the New York County Civil Court issued an injunction under the New York Fair Credit Reporting Act (NYFCRA) barring a landlord from reporting to the credit reporting agencies (CRAs) the withheld rent...more

Troutman Pepper Locke

2024 Credit Reporting Review: Impactful Changes and Future Forecast — FCRA Focus Podcast

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In this episode of FCRA Focus, host Dave Gettings is joined by Cindy Hanson, Scott Kelly, and Tim St. George, partners in Troutman Pepper Locke’s Consumer Financial Services Practice Group, to discuss the most impactful...more

Goodwin

2024 Year in Review: Credit Reporting

Goodwin on

In 2024, Goodwin tracked four public enforcement actions related to credit reporting or credit repair services, consistent with the four actions tracked in 2023. Between 2017 and 2024, there were an average of four actions...more

Orrick, Herrington & Sutcliffe LLP

New York Fed report on credit insecurity highlights regional disparities and improvements

Recently, the New York Fed’s released a report titled, “Credit Insecurity in the United States, 2018-2023,” which examined the state of credit security across the U.S. over a five-year period. It introduced the Credit...more

Orrick, Herrington & Sutcliffe LLP

CFPB dismisses credit reporting enforcement action voluntarily

On February 28, the CFPB filed a joint stipulation of voluntary dismissal with prejudice in the U.S. District Court for the Northern District of Illinois, ending an enforcement action against a credit reporting agency, two...more

Sheppard Mullin Richter & Hampton LLP

CFPB Orders Credit Reporting Agency to Pay $15 Million for Mishandling Consumer Disputes

On January 17, 2025, the CFPB issued a consent order against a large consumer reporting agency for failing to properly investigate consumer disputes concerning inaccurate information on consumers’ credit reports. The CFPB...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

Sheppard Mullin Richter & Hampton LLP

CFPB Finalizes Rule Removing Medical Bills from Credit Reports

On January 7, 2025, the CFPB announced the finalization of a rule amending Regulation V, which implements the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., to prohibit the inclusion of medical bills on credit...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

McGlinchey Stafford

Litigation Byte (December Edition)

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

McGlinchey Stafford

EDNY: Failure to State a Claim Under the FCRA Dooms a Related Claim under the NYFCRA

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On December 16, 2024, the United States District Court for the Eastern District of New York dismissed claims against a credit reporting agency for violations of the Fair Credit Reporting Act (FCRA) and joined the United...more

Wiley Rein LLP

Wiley Consumer Protection Download (October 29, 2024)

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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Sheppard Mullin Richter & Hampton LLP

Advocacy Group Petitions CFPB to Categorize Housing Rental Leases as “Credit”

On August 12, the National Consumer Law Center (NCLC), a prominent consumer advocacy group, petitioned the CFPB to open rulemaking under the Equal Credit Opportunity Act (ECOA) to expand the definition of “credit” to include...more

Troutman Pepper Locke

Troutman Pepper Weekly Consumer Financial Services Newsletter - October 2023 #2

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week...more

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