Category: FCRA

Lead Generator to Pay $1.5 Million FTC Penalty for Alleged FCRA Violations

Written By ESR News Blog Editor Thomas Ahearn A lead generation company that allegedly violated the federal Fair Credit Reporting Act (FCRA) by unlawfully obtaining and reselling credit scores of consumers will pay $1.5 million in civil penalties and face restrictions on their operations as a result of a Federal Trade Commission (FTC) lawsuit, according …

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“Clarity in Consumer Disclosures Act” Would Create Model Forms for FCRA

Written By ESR News Blog Editor Thomas Ahearn On December 9, 2021, two U.S. Representatives introduced the “Clarity in Consumer Disclosures Act” that would direct the Consumer Financial Protection Bureau (CFPB) to create clear, plain-language model forms for consumer reports so that employers can fulfill the requirements of the federal Fair Credit Reporting Act (FCRA). …

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CFPB Announces Ceiling on Allowable Charges Under FCRA will Increase in 2022

Written By ESR News Blog Editor Thomas Ahearn In November of 2021, the Consumer Financial Protection Bureau (CFPB) announced in a rule published in the Federal Register that the ceiling on allowable charges under the federal Fair Credit Reporting Act (FCRA) will increase from $13.00 to $13.50 on January 1, 2022, according to the announcement …

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CFPB Advisory Opinion Affirms CRAs Using “Name-Only Matching” Violate FCRA

Written By ESR News Blog Editor Thomas Ahearn On November 4, 2021, the Consumer Financial Protection Bureau (CFPB) issued an advisory opinion to affirm that consumer reporting agencies (CRAs) that use “name-only matching” for records are not using “reasonable procedures to assure maximum possible accuracy” as required by the federal Fair Credit Reporting Act (FCRA). …

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National Defense Authorization Act for Fiscal Year 2022 Would Amend FCRA

Written By ESR News Blog Editor Thomas Ahearn In September 2021, the U.S. House of Representatives passed H.R.4350 – National Defense Authorization Act (NDAA) for Fiscal Year 2022 (FY22) that included amendments to the Fair Credit Reporting Act (FCRA) dealing with the reporting of adverse information about service members by Consumer Reporting Agencies (CRAs). “The …

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CFPB and FTC File Amicus Brief with Appeals Court to Overturn FCRA Case

Written By ESR News Blog Editor Thomas Ahearn On October 14, 2021, the Consumer Financial Protection Bureau CFPB), Federal Trade Commission (FTC), and North Carolina Department of Justice filed an amicus brief with the U.S. 4th Circuit Court of Appeals to overturn a district court decision in a case involving the Fair Credit Reporting Act …

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FCRA Case Ruling Clarifies “Clear and Conspicuous” Disclosures and Willfulness

Written By ESR News Blog Editor Thomas Ahearn In August of 2021, the United States District Court for the District of Oregon ruled in the case of Walker v. Fred Meyer, Inc. that alleged violations of the federal Fair Credit Reporting Act (FCRA) that regulates background checks for employment purposes and held that the defendant’s …

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FTC Approves Changes to Five FCRA Rules that Apply to Motor Vehicle Dealers

Written By ESR News Blog Editor Thomas Ahearn On September 8, 2021, the Federal Trade Commission (FTC) approved largely technical changes in separate notices published in the Federal Register that would clarify that five Fair Credit Reporting Act (FCRA) rules enforced by the FTC apply only to motor vehicle dealers, according to a press release …

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U.S. Court of Appeals Reverses District Court Ruling in FCRA Lawsuit

Written By ESR News Blog Editor Thomas Ahearn On September 13, 2021, the United States Court of Appeals for the Sixth Circuit reversed a district court’s ruling for the defendant in a lawsuit filed for alleged violations of the federal Fair Credit Reporting Act (FCRA) and held that a “reasonable jury” could find the defendant …

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Supreme Court Ruling in FCRA Lawsuit Applied to FDCPA Debt Collection Case

Written By ESR News Blog Editor Thomas Ahearn In a sign that courts may begin to apply the Supreme Court of the United States (SCOTUS) ruling in the case of TransUnion LLC v. Ramirez to federal statutes beyond the Fair Credit Reporting Act (FCRA), the decision by SCOTUS on Article III standing in TransUnion was …

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