FCRA Requirement to Investigate Dispute Does Not Satisfy FDCPA Requirement to Report Disputed Debt

Written By ESR News Blog Editor Thomas Ahearn On February 8, 2019, the U.S. District Court for the Northern District of Illinois Eastern Division ruled in Francisco v. Midland Funding LLC and Midland Credit Management, Inc. (MCM) that compliance with the federal Fair Credit Reporting Act (FCRA) requirement to investigate a dispute within 30 days …

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Court Rules FCRA Prohibits All Extraneous Information in Background Check Disclosure Forms

Written By ESR News Blog Editor Thomas Ahearn On January 29, 2019, the Ninth U.S. Circuit Court of Appeals issued an opinion in Gilberg v. California Check Cashing Stores that the federal Fair Credit Reporting Act (FCRA) prohibits any and all extraneous information in required FCRA background check disclosures, even information about rights under state …

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Report Finds FCRA Lawsuits Have Increased on Annual Basis Since 2011

Written By ESR News Blog Editor Thomas Ahearn Consumer complaints involving the federal Fair Credit Reporting Act (FCRA) reached 4,531 in 2018, and have risen in number every year since 2011, making the FCRA the only consumer statute that has continued to increase in lawsuits filed, according to the latest report from WebRecon CEO Jack …

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Judge Certifies Class of Five Million Walmart Job Applicants to Pursue FCRA Class Action Lawsuit

Written By ESR News Blog Editor Thomas Ahearn On January 17, 2019, a California federal judge certified a Class of approximately five million people who applied for a job at Walmart to pursue a class action lawsuit – Randy Pitre v. Wal-Mart Stores Inc. (Case No. 8:17-cv-01281-DOC-DFM) – that claims the retail giant added extraneous …

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Delta Air Lines to Pay $2.3 Million to Settle Background Check Lawsuit for Alleged FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn On January 3, 2019, Delta Air Lines agreed to pay $2.3 million to settle a class action lawsuit that claimed the major U.S. airline allegedly failed to provide job applicants with a “standalone” background check disclosure in violation of the federal Fair Credit Reporting Act (FCRA) and related California …

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CFPB Announces Ceiling on Charges for FCRA Disclosures Increased in 2019

Written By ESR News Blog Editor Thomas Ahearn On December 31, 2018, the Consumer Financial Protection Bureau (CFPB) – the agency responsible for consumer protection in the financial sector – announced the ceiling on allowable charges for disclosures under the federal Fair Credit Reporting Act (FCRA) had increased from $12.00 to $12.50, effective for 2019.

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FCRA Lawsuits Not Only Legal Compliance Concern for Employers Performing Background Checks in 2019

Written By ESR News Blog Editor Thomas Ahearn Class action lawsuits involving the federal Fair Credit Reporting Act (FCRA) will not be the only compliance concern for employers performing background checks in an increasingly complex legal environment in 2019. This trend has been chosen by global background check provider Employment Screening Resources® (ESR) as second …

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CFPB Settles with Bank for Violating FCRA by Obtaining Consumer Reports without Permissible Purpose

Written By ESR News Blog Editor Thomas Ahearn On December 6, 2018, the Consumer Financial Protection Bureau (CFPB) – the U.S. government agency responsible for consumer protection in the financial sector that may soon be called the Bureau of Consumer Financial Protection (BCFP) – announced a settlement with State Farm Bank for violating the Fair …

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FTC Hearing Examines Consumer Protection Issues with the Use of Algorithms, AI, and Predictive Analytics

Written By ESR News Blog Editor Thomas Ahearn On November 13 to 14, 2018, the Federal Trade Commission (FTC) – a U.S. government agency promoting consumer protection – held the seventh session of its Hearings on Competition and Consumer Protection in the 21st Century to examine competition and consumer protection issues associated with the use …

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Court Skeptical Outside Investigation into Employee Misconduct Constitutes Consumer Report Under FCRA

Written By ESR News Blog Editor Thomas Ahearn On October 31, 2018, the Seventh Circuit Court of Appeals decision in the case of Rivera v Allstate Insurance involved a novel question about whether or not an investigation by a third party into employee misconduct could be considered a “consumer report” under the federal Fair Credit Reporting Act (FCRA).

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