Category: FCRA

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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Plaintiff Lacks Standing to Sue Ex-Employer for Technical Violation of FCRA

Written By ESR News Blog Editor Thomas Ahearn On September 1, 2020, a United States District Court judge found that a plaintiff lacked standing to sue a former employer for conducting a background check when she was hired and that a technical violation of disclosure requirements under the federal Fair Credit Reporting Act (FCRA) did …

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CFPB To Maintain Credit Reporting Guidance Relaxing FCRA Dispute Deadlines

Written By ESR News Blog Editor Thomas Ahearn In a letter dated November 9, 2020, Consumer Financial Protection Bureau (CFPB) Director Kathleen Kraninger told the National Consumer Law Center (NCLC) the CFPB would maintain guidance issued in response to the Coronavirus (COVID-19) pandemic that eased dispute deadlines under the Fair Credit Reporting Act (FCRA). “I …

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CFPB Announces Settlement with Debt Collector for Alleged FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn On November 12, 2020, the Consumer Financial Protection Bureau (CFPB) announced a settlement with a non-bank Illinois-based debt collector that specializes in collecting debt on behalf of telecommunications companies and furnishes information to Consumer Reporting Agencies (CRAs) to address alleged violations of the federal Fair Credit Reporting …

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Fair Credit Reporting Act (FCRA) Consumer Litigation Rises in September 2020

Written By ESR News Blog Editor Thomas Ahearn Consumer litigation involving the federal Fair Credit Reporting Act (FCRA) was up 9.3 percent from August 2020 to September 2020, up 5.5 percent from September 2019 compared to September 2020, and up 3.8 percent from January to September 2020 compared to January to September 2019, according to …

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