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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FCRA Lawsuit Claims TransUnion Mislabeled Man as Terrorist on Credit Report

Written By ESR News Blog Editor Thomas Ahearn On August 24, 2020, a Pennsylvania man filed a class action lawsuit in federal court claiming TransUnion violated the Fair Credit Reporting Act (FCRA) by mislabeling him as a terrorist on his credit report because his name resembled two people on a terrorist watch list, a news …

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FTC Seeking Comments on Proposed Changes to Five FCRA Rules

Written By ESR News Blog Editor Thomas Ahearn On August 24, 2020, the Federal Trade Commission (FTC) announced that it is seeking comments on proposed changes that would bring several rules implementing parts of the Fair Credit Reporting Act (FCRA) in line with the Dodd-Frank Wall Street Reform and Consumer Protection Act, according to a …

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Court Rules Former Employee May Pursue FCRA Claims Over Termination

Written By ESR News Blog Editor Thomas Ahearn On July 21, 2020, the United States District Court, District of Columbia issued an opinion in Mattiaccio v. DHA Group., Inc. that determined the Plaintiff had standing to pursue claims of Fair Credit Reporting Act (FCRA) violations against his former employer after a background check was used …

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