Category: FCRA

Judge Denies Motion to Dismiss Lawsuit for Alleged Technical Violation of FCRA

Written By ESR News Blog Editor Thomas Ahearn On March 25, 2021, a District Judge in a Missouri federal court denied a motion to dismiss the class action lawsuit HOOD v. ACTION LOGISTIX, LLC that alleged violations of the federal Fair Credit Reporting Act (FCRA) during a background check by finding that a “technical” procedural …

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CFPB Rescinds Policy Statement on FCRA and Regulation V in Light of CARES Act

Written By ESR News Blog Editor Thomas Ahearn On March 31, 2021, the Consumer Financial Protection Bureau (CFPB) – which empowers consumers to take more control over their economic lives – announced it was rescinding seven policy statements issued in 2020 including a “Rescission of Statement of Policy on Supervisory and Enforcement Practices Regarding the …

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SCOTUS Considers FCRA Case Regarding Standing in Class Action Lawsuits

Written By ESR News Blog Editor Thomas Ahearn On March 30, 2021, the Supreme Court of the United States (SCOTUS) heard oral arguments in the case of TransUnion LLC v. Ramirez that involved alleged violations of the Fair Credit Reporting Act (FCRA) to consider whether either Article III of the United States Constitution or Federal …

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Judge Approves Settlement of Nearly $175,000 in FCRA Class Action Lawsuit

Written By ESR News Blog Editor Thomas Ahearn On February 16, 2021, a federal magistrate judge in California approved a settlement of nearly $175,000 in a class action lawsuit claiming a violation of the “stand-alone” disclosure requirement of the Fair Credit Reporting Act (FCRA) which requires a person seeking to procure a consumer report for …

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Court Denies Motion to Dismiss Lawsuit Claiming Alleged Violations of FCRA

Written By ESR News Blog Editor Thomas Ahearn On February 16, 2021, the United States District Court Middle District of Florida Tampa Division denied the Defendant’s motion to dismiss a lawsuit claiming the Defendant allegedly violated the federal Fair Credit Reporting Act (FCRA) that regulates consumer reports in the United States by requesting the Plaintiff’s …

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CFPB Recommends Limits On FCRA Class Action Lawsuit Monetary Awards

Written By ESR News Blog Editor Thomas Ahearn On January 5, 2021, the Consumer Financial Protection Bureau (CFPB) released a two-volume “Taskforce on Federal Consumer Financial Law Report” (Volume I and Volume II) that made recommendations on how to improve consumer protection in the financial marketplace including recommending that Congress amend the Fair Credit Reporting …

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Fair Credit Reporting Act (FCRA) Lawsuits Will Continue to Serve as Compliance Signposts for Background Checks

Written By Employment Screening Resources® (ESR) Lawsuits filed for alleged violations of the federal Fair Credit Reporting Act (FCRA) that regulates background screening in the United States will continue to serve as legal compliance signposts for employers conducting background checks on job applicants, according to the “ESR Top Ten Background Check Trends” for 2021 compiled …

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CFPB Settlement Imposes $4.75 Million Penalty for Alleged FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn On December 22, 2020, the Consumer Financial Protection Bureau (CFPB) issued a consent order that imposed a $4,750,000 civil money penalty against “a leading originator and servicer of nonprime auto loans and leases” that furnished credit information on the auto loans it serviced to Consumer Reporting Agencies …

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Court Holds CRA Complied with FCRA “Maximum Possible Accuracy” Standard

Written By ESR News Blog Editor Thomas Ahearn On December 4, 2020, the U.S. Court of Appeals for the Eleventh Circuit held that a Consumer Reporting Agency (CRA) that provided consumer reports about job applicants complied with the “maximum possible accuracy” standard required by the federal Fair Credit Reporting Act (FCRA) that regulates background checks …

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Tenant Screening Company Settles FTC Allegations of FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn On December 8, 2020, a California-based company that provides background check reports to property management companies agreed to pay $4.25 million as part of a settlement with the Federal Trade Commission (FTC) over allegations the firm failed to follow reasonable procedures to ensure the accuracy of its …

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