On November 14, 2018, a previously-introduced bill to amend the Fair Credit Reporting Act (“FCRA”) to “rectify problematic reporting of medical debt included in a consumer report of a veteran due to inappropriate or delayed payment for hospital care, medical services, or extended care services provided in a […]
This week, Senators John Kennedy of Louisiana and Marco Rubio of Florida unveiled the Small Business Credit Protection Act. If passed, the legislation would require credit bureaus to notify small businesses of nonpublic personal data breaches within thirty days of a breach. The bill also mandates that credit […]
In an oldie but goodie, an FTC blog from Feb 2017 warns employers who rely on credit checks not to double-dip. In other words, if an employer requests a consumer report for one purpose, the employer should not then use the report for another purpose. The FTC explains […]
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 […]
Consumers filed fewer FCRA complaints in September 2018 than they did in August, according to the Association of Credit and Collection Professionals, Oregon, citing a report from WebRecon. FCRA filings declined 21.7% percent over the prior month, dropping from 433 to 339 cases. This downturn between September and […]
In many recent cases—including several chronicled here at FCRAland—courts have dismissed state-law claims when those claims were preempted by FCRA. Yesterday, a court bucked the trend and held that a state-law breach of contract claim was not preempted by FCRA. Long v. Bank of America, N.A., No. 17-CV-2756, […]
By Arthur Ebbs Courts generally give some deference to a pro se plaintiff attempting to state his or her claims, even if the claims are not plead perfectly. However, in Thao Le v. Capital One Auto Finance (N.D. Cal. Nov. 1, 2018), the court reminded defendants not to […]
In Thornton v. Equifax Info. Servs., No. 4:18-CV-80 (CDL), 2018 U.S. Dist. LEXIS 189052 (M.D. Ga. Nov. 5, 2018), the United States District Court for the Middle District of Georgia confirmed that a plaintiff’s state law claims were preempted by section 1681t of the Fair Credit Reporting Act. […]
