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In an unpublished decision in the case of Shaun J. Younger v. Experian Information Solutions, Inc., the Eleventh Circuit Court of Appeals vacated the jury’s finding that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 […]
Last month, LexisNexis Risk Solutions, Inc. was sued in a proposed class action for violations of the Fair Credit Reporting Act (“FCRA”). Plaintiff Chad Bacon, on behalf of himself and others similarly situated, alleges that LexisNexis violated the FCRA by failing to keep consumers’ tax lien and civil […]
The Consumer Financial Protection Bureau (CFPB) reached an $18 million settlement with Monster Loans and a number of related companies and individuals for illegally obtaining credit reports to further an alleged student loan debt relief scam. The Complaint, filed by CFPB in January of 2020, alleged that between […]
In Luna v. Hansen and Adkins Auto Transport, Inc., the Ninth Circuit heard a “more novel” theory regarding FCRA’s standalone disclosure requirement, but affirmed the trial court’s grant of summary judgment in favor of the defendant-employer because Plaintiff’s theories were “thwarted by the statute itself.” Plaintiff was a […]
