FTC Settles with Retailer Over Alleged FCRA Violations Related to Identity Theft

Written By ESR News Blog Editor Thomas Ahearn On June 10, 2020, the Federal Trade Commission (FTC) announced that a department store retail chain agreed to pay a civil penalty of $220,000 to settle allegations that the retailer violated the Fair Credit Reporting Act (FCRA) “by refusing to provide complete records of transactions to consumers …

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HEROES Act Would Amend Changes CARES Act Made to FCRA for Coronavirus

Written By ESR News Blog Editor Thomas Ahearn A bill titled the “Health and Economic Recovery Omnibus Emergency Solutions Act (HEROES Act)” awaiting consideration in the U.S. Senate would amend changes the “Coronavirus Aid, Relief, and Economic Security Act (CARES Act)” made to the federal Fair Credit Reporting Act (FCRA) due to the Coronavirus (COVID-19) …

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CFPB Proposes $18 Million Settlement for Alleged FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn On May 14, 2020, the Consumer Financial Protection Bureau (CFPB) filed a proposed stipulated final judgment of $18 million to settle allegations of violations of the Fair Credit Reporting Act (FCRA) made in a complaint against a mortgage lender, several individuals, and related companies, according to a …

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FTC Updates Congress on Efforts to Educate Consumers about FCRA Rights

Written By ESR News Blog Editor Thomas Ahearn The Federal Trade Commission (FTC) – a United States government agency that works to protect and educate consumers – has submitted a report to Congress updating lawmakers on the agency’s efforts to educate consumers about their rights to dispute and correct errors in their credit reports under …

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Appeals Court Reduces “Excessive” Punitive Damages Award in FCRA Lawsuit

Written By ESR News Blog Editor Thomas Ahearn On February 27, 2020, the United States Court of Appeals for the Ninth Circuit in Ramirez v. TransUnion, LLC – a class action lawsuit claiming violations of the Fair Credit Reporting Act (FCRA) – “held that the punitive damages award was excessive in violation of constitutional due …

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CRAs Must Comply with FCRA and CARES Act During Coronavirus Pandemic

Written By ESR News Blog Editor Thomas Ahearn On April 28, 2020, New York Attorney General Letitia James led a coalition of 22 attorneys general in reminding the nation’s three largest Consumer Reporting Agencies (CRA) that they will continue to enforce the Fair Credit Reporting Act (FCRA) and the Coronavirus Aid, Relief, and Economic Security …

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Court Rules FCRA Disclosure Can Be Provided with Other Employment Materials

Written By ESR News Blog Editor Thomas Ahearn On April 24, 2020, the United States Court of Appeals for the Ninth Circuit affirmed a district court’s summary judgment in the case of LUNA v. HANSEN AND ADKINS AUTO TRANSPORT, INC. and held that an employer does not violate the federal Fair Credit Reporting Act (FCRA) …

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Supreme Court Denies Certiorari Review in FCRA Sovereign Immunity Case

Written By ESR News Blog Editor Thomas Ahearn On April 20, 2020, the Supreme Court of the United States denied a writ of certiorari review of an Appeals Court decision in the case of ROBINSON v. DEPARTMENT OF EDUCATION that the federal government can claim “sovereign immunity” from civil liability for claims brought under the …

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FTC Issues Guidance on Using Artificial Intelligence (AI) with Regard to FCRA

Written By ESR News Blog Editor Thomas Ahearn On April 8, 2020, the Federal Trade Commission (FTC) – a United States government agency that is the nation’s primary privacy and data security enforcer – issued guidance to businesses on the use of Artificial Intelligence (AI) for machine learning technology and automated decision making with regard …

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Court Adopts “Concise Explanation” Standard for FCRA Disclosure Forms

Written By ESR News Blog Editor Thomas Ahearn On March 20, 2020, the United States Court of Appeals for the Ninth Circuit issued an opinion adopting a “concise explanation” standard to judge when an employer’s consumer report disclosure form may violate the federal Fair Credit Reporting Act (FCRA) that regulates background checks for employment purposes …

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