The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law on March 27, 2020, amends the duties of a furnisher of information under the Fair Credit Reporting Act (FCRA) in light of the COVID-19 pandemic. Specially, the CARES Act amends 15 U.S.C. § 1681s-2(a)(1) to […]
Could there be a split brewing with regard to standing to pursue FCRA claims against potential employers for violating the stand-alone disclosure requirement contained in 15 U.S.C. § 1681(b)(2)(A)(i)? Maybe. Section 1681(b)(2)(A)(i) states as follows: “Except as provided in subparagraph (B), a person may not procure a consumer report, […]
Ponder v. Ocwen Loan Serv., LLC, 2018 WL 4474635 (N.D. Ga. July 30, 2018) is a reminder to furnishers of information to consumer reporting agencies to conduct a reasonable investigation of any reported errors the first time they learn of a dispute. Under the facts of the case, […]
Arbitration can be a powerful tool to resolve lawsuits, including FCRA claims. In Kolman v. Gen’l Motors Financial Corp., 2019 WL 6620888 (Dec. 18, 2018), the plaintiff filed FCRA claims against GM Financial and Trans Union. Under the facts of the case, the plaintiff claimed that he leased […]
Schuh v. American Express Bank, FSB, 2018 WL 3751467 (S.D. Fla. May 3, 2018), provides a good example of the interplay between the FCRA’s requirement that consumer reporting agencies (“CRAs”) following reasonable procedures to ensure maximum possible accuracy of information and court orders which may impact the validity […]
In Mcinerney v. Eighth Judicial District Court, 2018 WL 6308727 (D. Nev. Dec. 3, 2018), Plaintiff Michael Mcinerney brought a negligence claim under 15 U.S.C. § 1681i against HireRight based upon its reporting of his criminal history. Based upon state court records, HireRight reported that Mcinerney was convicted […]
By Chad Ewing In Luna v. Wal-Mart Trans., LLC, 2018 WL 5726204 (W.D. Ark. Nov. 1, 2018), the Court provided a good reminder that there are exceptions to the FCRA’s “stand-alone” disclosure requirement. Under the facts of the case, plaintiff Leonard Luna completed a multipage, online application for […]
Although this time of year may be the favorite of ghouls and goblins, it was not so scary for the FCRA defendants in Garland v. Marine Credit Union, 2018 WL 5313769 (E.D. Wis. Oct. 26, 2018), who escaped liability to their plaintiff because she sued them over the legal […]
