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FCRAland

Navigating the Fair Credit Reporting Act

The CFPB Taskforce Recommends Limits On FCRA Class Action Awards In Report

By Nikku Khalifian on January 14, 2021 • ( Leave a comment )

CFPB Assesses $4.75 Million Civil Penalty Against Santander For Systemic Errors Leading to Inaccurate Credit Reporting Of Millions of Accounts

By Jason Wyman on January 14, 2021 • ( Leave a comment )

CFPB Settles Alleged Violations of FCRA’s Risk-Based Pricing Rule

By Jason Wyman on December 17, 2020 • ( Leave a comment )

Tenant Background Screening Company Settles With FTC for $4.25 Million

By Nicole Y. Su on December 15, 2020 • ( Leave a comment )

Central District of California Rejects Class Claims, Finding That Disclosure of All Data Is Not Required Under FCRA Section 1681g(a)

By Sarah Meyer on December 2, 2020 • ( Leave a comment )

Eleventh Circuit Vacates Godiva FACTA Settlement

By Jason Wyman on November 30, 2020 • ( Leave a comment )

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Welcome FCRA enthusiasts!  You’ve found your new online Shangri-la.  FCRAland’s singular and immodest mission is to be the web’s foremost resource for all things FCRA.  With a century’s worth of combined FCRA defense experience, we’ll break daily FCRA news–usually before anyone else does–with short but informative articles.  FCRAland is not just a defense-oriented blog, but rather a FCRA viewpoint aggregator.  We will accept contributions from established practitioners on both sides of the aisle.  If you are a true FCRA pro and would like to have your voice heard here, contact us.  Best of all, we operate the site for free–no advertisements (other than shameless plugs for Womble Bond Dickinson).  Thanks for joining us and please come back often.

U.S. Supreme Court Denies Certiorari Review in FCRA Sovereign Immunity Case, Cementing Circuit Split

By Nadia D. Adams on April 22, 2020 • ( 1 Comment )

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 […]

CFPB Issues Statement on FCRA in Light of CARES Act

By Nikku Khalifian on April 16, 2020 • ( Leave a comment )

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 […]

CFPB Promises “Flexible” Approach to Credit Reporting During Pandemic

By Jason Wyman on April 7, 2020 • ( 1 Comment )

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 […]

Sixth Circuit Adopts “Inaccurate or Misleading” Standard in Case Regarding Fired Uber Driver

By Nikku Khalifian on April 5, 2020 • ( Leave a comment )

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 […]

CARES Act Amends Furnishers’ Duties Under FCRA

By B. Chad Ewing on April 2, 2020 • ( 3 Comments )

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 […]

Ninth Circuit Creates ‘Concise Explanation’ Standard for Background Check Disclosure Forms

By Jason Wyman on March 31, 2020 • ( 1 Comment )

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 […]

FCRA and Yelp: Online reviews no place for personal financial information

By Nikku Khalifian on March 27, 2020 • ( 1 Comment )

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 […]

New House and Senate Bills Introduced to Amend FCRA in Response to the COVID-19 Crisis

By Nicole Y. Su on March 26, 2020 • ( 1 Comment )

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 […]

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