Category: FCRA

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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Maine Court Rules FCRA Preempts Amendments to State Credit Reporting Law

Written By ESR News Blog Editor Thomas Ahearn On October 8, 2020, the United States District Court in the District of Maine ruled in Consumer Data Industry Association (CDIA) v. Frey & Lund that two 2019 amendments to the state’s credit reporting law were preempted by the federal Fair Credit Reporting Act (FCRA) and granted …

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CFPB Urged to Stop Allowing Credit Reporting Industry to Violate FCRA

Written By ESR News Blog Editor Thomas Ahearn On September 24, 2020, a letter sent by a coalition of 21 consumer, faith, and advocacy groups to the Consumer Financial Protection Bureau (CFPB) urged the CFPB to revoke the permission they granted the credit reporting industry to violate the 30-day deadline imposed by the Fair Credit …

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Appeals Court Affirms Dismissal of FCRA Case for Missing Item on Credit Report

Written By ESR News Blog Editor Thomas Ahearn On September 9, 2020, the United States Court of Appeals for the Fifth Circuit affirmed a district court’s dismissal of Hammer v. Equifax and Experian that claimed two consumer reporting agencies (CRAs) violated the federal Fair Credit Reporting Act (FCRA) because they failed to include a single …

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Appeals Court Holds that Obtaining Consumer Report to Verify Identity is “Permissible Purpose” Under FCRA

Written By ESR News Blog Editor Thomas Ahearn On September 9, 2020, the U.S. Court of Appeals for the Eleventh Circuit held in the case of Domante v. Dish Networks, LLC that obtaining a consumer report to verify the identity and eligibility for a service of a consumer is a “legitimate business need” and a …

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Employers Using Continuous Monitoring Services Have Important Compliance Considerations

Written By ESR News Blog Editor Thomas Ahearn Employers using continuous monitoring services that alert them to changes in the credit and criminal histories of their employees may have potential liability under the Fair Credit Reporting Act (FCRA), according to the article “Employers Need to Grasp Risks of Continuous Monitoring Services” on the Bloomberg Law® …

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Appeals Court Affirms Dismissal of Lawsuit Claiming Violations of FCRA

Written By ESR News Blog Editor Thomas Ahearn On August 10, 2020, the U.S. Court of Appeals for the Second Circuit affirmed a September 2019 Connecticut district court decision that dismissed a lawsuit claiming violations of the federal Fair Credit Reporting Act (FCRA) because a consumer had not notified a Credit Reporting Agency (CRA) of …

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