FTC Alleges Purveyor of Background Reports Violated FCRA with False Claims

Written By ESR News Blog Editor Thomas Ahearn On July 27, 2020, the U.S. Department of Justice (DOJ) filed a complaint on behalf of the Federal Trade Commission (FTC) alleging that a California-based purveyor of background reports deceived consumers with “teaser background reports” that falsely claimed to include information about arrest, criminal, and sex offender …

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CFPB Addresses How AI Interacts with Adverse Action Requirements of FCRA

Written By ESR News Blog Editor Thomas Ahearn On July 7, 2020, the Consumer Financial Protection Bureau (CFPB) – a government agency that helps businesses comply with federal consumer financial law – published a blog addressing industry concerns about how the use of Artificial Intelligence (AI) interacts with the existing regulatory framework, specifically the adverse …

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U.S. House Passes “Protecting Your Credit Score Act” that Would Amend FCRA

Written By ESR News Blog Editor Thomas Ahearn On June 29, 2020, the United States House of Representatives passed the “Protecting Your Credit Score Act” (H.R. 5332) that would amend the federal Fair Credit Reporting Act (FCRA) to ensure, among other purposes, that consumer reporting agencies (CRAs) are providing fair and accurate information reporting in …

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Appeals Court Examines Willfulness Standard of Fair Credit Reporting Act (FCRA)

Written By ESR News Blog Editor Thomas Ahearn On June 19, 2020, the United States Court of Appeals for the Eleventh Circuit vacated a jury’s finding that a major nationwide credit reporting agency (CRA) willfully violated the federal Fair Credit Reporting Act (FCRA) that regulates background checks in the United States by failing to investigate …

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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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