New York’s standalone consumer protection statute, General Business Law § 349, may get a makeover. And if this proposal from New York’s Attorney General becomes law, it will be quite easy and economically beneficial for consumers and consumer advocacy groups to initiate litigation over any aspect of consumer-facing business activity.
Posts tagged as “credit reporting”
A new law in New York, which prohibits the furnishing of medical debt to a consumer reporting agency and could create compliance concerns for the debt collection industry, came into effect on Dec. 13. The text of the Fair Medical Debt Reporting Act (FMDRA) can be found here.
The U.S. Court of Appeals for the Eleventh Circuit recently held that a trial court's denial of a motion for class certification was an abuse of discretion because the trial court’s analysis of Rule 23(b)(3)’s predominance requirement was based on its erroneous interpretation of the second option in section 1681n(a)(1)(A) of the federal Fair Credit Reporting Act as requiring a showing of actual damages.
Continuing on its mission to curb abusive collection efforts related to medical debt which began to take life in 2022, the CFPB on Sept. 21 announced its initiation of a rulemaking process to remove medical bills from credit reports entirely.
The U.S. Court of Appeals for the Second Circuit recently vacated a trial court’s summary judgment in favor of a credit reporting agency in a lawsuit alleging violations of the federal Fair Credit Reporting Act in connection with the reporting of a “balloon payment” that was not in fact required.
The U.S. Court of Appeals for the Seventh Circuit recently affirmed a summary judgment ruling in favor of a mortgage loan servicer and held that no reasonable jury could find that the servicer provided patently incorrect or materially misleading information sufficient to support a claim under Section 1681s-2(b) of the federal Fair Credit Reporting Act.
The U.S. Court of Appeals for the Second Circuit recently affirmed a trial court’s order granting summary judgment in favor of a credit reporting agency and ruled that reporting a student loan debt that was discharged in bankruptcy as “due and owing” is not cognizable as an “inaccuracy” under the federal Fair Credit Reporting Act.
Just a few years ago, the annual review would primarily encompass federal activity. But a shift began in 2018, and by the close of this year, it’s clear there is far more state activity impacting consumer debt collection.
Legislation introduced in the New Jersey Assembly and Senate would prohibit “health care providers” from furnishing information concerning medical debt to credit reporting agencies.
The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court’s grant of summary judgment in favor of a mortgage lender in a consumer’s action.
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.
The U.S. Court of Appeals for the Eighth Circuit recently held that various federal Fair Credit Reporting Act claims should be dismissed for lack of Article III standing.