December 14, 2020
2:00 – 3:00 p.m. ET

Regulatory and litigation risk for the consumer reporting industry continues, including a recent uptick in FCRA related cases and the potential surge of COVID-19 related litigation. In this CDIA Law & Industry Conference session—The Changing Dynamics of Litigation and Enforcement—top legal professionals, including Troutman Pepper Partner David Anthony, will explore leading FCRA developments, including key litigation, investigations and enforcement and regulatory actions and developments, including litigation driven by the current COVID-19 crisis. 

Panel Discussion Topics include:

  • Appellate court decisions that defined the contours of a “consumer reporting agency,” as well as the obligations of a consumer reporting agency to verify furnisher reporting;
  • The Ninth Circuit’s decision in Ramirez v. TransUnion, in which the Ninth Circuit addressed class member standing and made important pronouncements regarding accuracy claims and punitive damages;
  • The Eleventh Circuit’s decision in the Williams v. First Advantage background screening case, which likewise made a number of statements regarding the contours of “reasonable” procedures under the FCRA and the standards for awarding punitive damages;
  • The Ninth Circuit’s decision in Moran v. The Screening Pros, which addressed important limitations regarding when the time period(s) foe calculating the “age” of offenses for reporting periods commences;
  • Numerous district court decisions addressing consumer disputes, reporting, file disclosures, and age-based reporting restrictions;
  • The CFPB’s enforcement action (Sterling Infosystems) for violations under the FCRA, which provides valuable insight into regulator thinking; and
  • COVID-19 related litigation, including how monthly payments, past-due and re-aging amounts are reported.