In Hammer v. Equifax, the Fifth Circuit affirmed the district court’s dismissal of FCRA claims against Experian and Equifax in a September 9, 2020 published decision. Accepting the allegations of the twice amended complaint as true, Plaintiff obtained a Capital One credit card in 2010 and made timely […]
The Federal Trade Commission (“FTC”) is seeking comment on proposed changes that would clarify that five FCRA rules promulgated by the FTC apply only to motor vehicle dealers. The FTC’s proposed changes would bring several rules implementing parts of the FCRA in line with the Dodd-Frank Wall Street […]
A three-judge panel in the Second Circuit recently affirmed a Connecticut district court decision dismissing a Fair Credit Reporting Act suit against Salisbury Bank and Trust Company because the customer had not notified a credit reporting agency of the alleged error in his credit report. In Sprague v. […]
The United States House of Representatives recently passed H.R. 5332, the Protecting Your Credit Score Act of 2020. The Act would amend FCRA is several respects. The overall purpose of the Act is to “ensure that consumer reporting agencies are providing fair and accurate information reporting in consumer […]
The Consumer Financial Protection Bureau (“CFPB”) hosted a webinar, led by Director Kathy Kraninger and Associate Director for Supervision, Enforcement, and Fair Lending Bryan Schneider, laying out its supervisory and enforcement priorities in light of COVID-19. These priorities will necessarily impact the CFPB’s enforcement of the Fair Credit […]
In an unpublished decision in the case of Shaun J. Younger v. Experian Information Solutions, Inc., the Eleventh Circuit Court of Appeals vacated the jury’s finding that Experian willfully violated the FRCA by failing to reinvestigate the Plaintiff’s dispute. Since punitive damages are only available for willful violations, […]
By Sarah Meyer Since the passage of the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”), Pub. L. 116-136, on March 27, 2020, there has been much uncertainty and confusion arising from that portion of the CARES Act which amended the Fair Credit Reporting Act, 15 U.S.C. […]
Kohl’s Department Stores Inc. settled Federal Trade Commission claims that it violated the Fair Credit Reporting Act (FCRA) by failing to provide required application and business transaction records to consumers who were victims of identity theft. Kohl’s agreed to pay a civil penalty of $220,000. The complaint, filed […]
