On Monday, the United States Supreme Court denied certiorari review of a Fourth Circuit Court of Appeals decision[1] that the federal government is immune from civil liability for claims brought under the Fair Credit Reporting Act – leaving open a divide amongst the circuit courts on the issue […]
We recently discussed the Coronavirus Aid, Relief and Economic Security Act (CARES Act) and how it amends the duties of a furnisher of information under the Fair Credit Reporting Act (FCRA) in light of the COVID-19 pandemic. Furnishers, however, must still be mindful not to relax their procedures […]
In a policy statement released on April 1, 2020, the Consumer Financial Protection Bureau (“CFPB”) stated that it will take a “flexible supervisory and enforcement approach” during the COVID-19 pandemic. The Policy Statement emphasizes the importance for furnishers to continue to report accurate information to the consumer reporting […]
By Nikku Khalifian A recent Sixth Circuit decision addressed whether FCRA imposes a technical-accuracy standard or an “inaccurate or misleading standard” on § 1681e(b) plaintiffs. In Twumasi-Ankrah v. Checkr, Inc., 2020 U.S. App. LEXIS 10427 (6th Cir. April 2, 2020), the Sixth Circuit reversed and remanded the decision […]
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 […]
By Jason Wyman On March 20, 2020, the Ninth Circuit issued its opinion Walker v. Fred Meyer, Inc., 2020 U.S. App. LEXIS 8809 (9th Cir. Mar. 20, 2020) and created a “concise explanation” standard to judge when an employer’s background check disclosure form violates FCRA. Plaintiff applied for […]
A recent case involving a mortgage broker who revealed personal financial information on Yelp brought a modern perspective to the scope of FCRA protections. In United States of America, on behalf of the Federal Trade Commission v. Mortgage Solutions FCS, a mortgage broker found itself in trouble with […]
On March 17, 2020, a bill was introduced in the United States Senate to amend the Fair Credit Report Act to prevent negative credit reporting during the COVID-19 crisis. Subsequently, on March 23, 2020, a similar bill was introduced in the United States House of Representatives. Both bills […]
