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Posts published in “FCRA”

Fair Credit Reporting Act

9th Cir. Denies Plaintiffs’ Remand Motion, Holds FCRA ‘Informational and Privacy Interests’ Sufficient for Standing

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court's denial of a motion for a remand to state court and the dismissal of the plaintiffs' class action suit alleging violations of the federal Fair Credit Reporting Act by a credit reporting agency. 

Credit Reporting Agencies Begin to Roll Out Guidance to Data Furnishers on How to Treat, Report Medical Debt

In an update to an article we published earlier this week regarding the three major credit reporting agencies Equifax, Experian and TransUnion issuing a joint statement last week regarding how medical debt will be treated and reported on consumer credit reports, those agencies provided further clarification to data furnishers on March 22.

Seeing Medical Debt in a New Light, Credit Reporting Agencies Announce Major Change in How They Will Treat, Report Medical Debt

In a year that is still quite young, medical debt continues to find its way into the headlines of the receivables management industry. Continuing the trend, this past Friday, March 18, saw the three major credit reporting agencies Equifax, Experian and TransUnion issue a joint statement regarding how medical debt will be treated and reported on consumer credit reports.

7th Cir. Holds No Violation of FDCPA or FCRA in ‘Identity Theft’ Case

The U.S. Court of Appeals for the Seventh Circuit recently affirmed a trial court's ruling granting summary judgment in favor of two debt collectors for alleged violations of the federal Fair Debt Collection Practices Act and federal Fair Credit Reporting Act relating to their attempts to collect a debt resulting from identify theft.

9th Cir. Holds Defendant’s Interpretation of FCRA Not ‘Negligent’ or ‘Willful’

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a trial court's grant of summary judgment in favor of a credit reporting agency, holding that the plaintiff consumer failed to present sufficient evidence that the agency violated the federal Fair Credit Reporting Act willfully or negligently, as required for liability. 

7th Cir. Finds Standing on FCRA Privacy Claim, Tosses Case for Lack of Willful Violation or Damages

Federal courts have recently dismissed a number of cases brought by consumers alleging violations of consumer protection law because they lack “standing.” The trend has been hastened by the U.S. Supreme Court’s decision last year in TransUnion LLC v. Ramirez, a case involving the federal Fair Credit Reporting Act.

Supreme Court Substantially Restricts Ability to Sue in Federal Court for FCRA, FDCPA, TCPA and Other Statutory Violations – Same Class Actions Now Difficult to Certify

On June 25, 2021, the Supreme Court of the United States held that a plaintiff must suffer a concrete injury resulting from a defendant’s statutory violation to have Article III standing to pursue damages from that defendant in federal court. The Court also held that plaintiffs in a class action must prove that every class member has standing for each claim asserted and for each form of relief sought.

Leading Subprime Auto Finance Company Settles With CFPB for Violations of the Fair Credit Reporting Act

The Consumer Financial Protection Bureau recently announced a consent order against a subprime automobile finance company for violations of the Fair Credit Reporting Act resulting from systemic errors in data furnished to credit reporting agencies between January 2016 and August 2019.