To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week:
FCC Proposes New Rules for Revocation under the TCPA
On June 29, 2023, the Federal Communications Commission (FCC or Commission) issued a notice of proposed rulemaking clarifying how consumers may revoke consent to receive calls or texts under the Telephone Consumer Protection Act (TCPA). The FCC is accepting comments on the proposed rule until July 31, 2023.
Seventh Circuit Finds Furnisher Not Liable Under FCRA Despite CRA’s Inaccurate Interpretation of Furnisher’s Reporting
In Frazier v. Dovenmuehle Mortgage, Inc., the Seventh Circuit recently issued an opinion affirming summary judgement in favor of the defendant data furnisher in a suit brought by a consumer under § 1681s-2(b) of the Fair Credit Reporting Act (FCRA) requiring data furnishers upon notice of a dispute to “investigate the disputed data” and “correct or verify the information by returning the ACDV form to the credit reporting agency [CRA] with any amended or verified data inserted next to the old data.” The appellate court rejected the consumer’s argument that the information provided by the furnisher on an ACDV response to a CRA was materially misleading, even though the CRA’s inaccurate interpretation of the ACDV response led the CRA to report that the consumer was currently delinquent on a settled debt.
Michigan House Bill Proposes Excluding Tenant Credit Scores from Rental Decisions
The drumbeat to increase regulation of tenant screening continues, this time in Michigan.
On June 15, Michigan state Representative Brenda Carter (D-29) introduced House Bill 4818, which proposes to amend landlord-tenant act 1972 PA 348. Specifically, the amendment proposes to exclude the credit score of a prospective Michigan tenant from being a deciding factor in determining the prospective tenant’s eligibility for a lease. Under the proposed amendment “credit score” is defined as, “the numerical score ranging from 300 to 850 assigned by a consumer reporting agency to measure credit risk.”
CFPB’s 2022 Fair Lending Report Focuses on Bias in Mortgage Lending, Redlining, Home Appraisals, Small Business Lending, and Shows Continued Skepticism of AI
As shown by a new report, the Consumer Financial Protection Bureau (CFPB or Bureau) is focusing its fair lending work on mortgage origination and pricing, small business lending, redlining, and the use of artificial intelligence (AI) and machine learning models.
On June 29, the CFPB released its annual Fair Lending Report (Report) to Congress describing its fair lending enforcement and supervisory activities, guidance, and rulemaking for calendar year 2022. The Report satisfies the CFPB’s statutory responsibility to report annually to Congress on public enforcement actions taken pursuant to the Equal Credit Opportunity Act (ECOA).
Troutman Pepper Weekly Consumer Financial Services Newsletter
To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week:
Ninth Circuit Holds Phone Owner Suffers Concrete Injury From Unsolicited Telemarketing Texts Even if Not “Actual User” of the Phone or “Actual Recipient” of the Texts
On June 30, the Ninth Circuit Court of Appeals held that the plaintiff’s claims that she received five text messages to a cell number that she had placed on the National Do-Not-Call Registry satisfied the demands of Article III even though the actual user of the phone was her thirteen-year-old son.
May Report Reveals a Big Monthly Jump in Consumer Litigation Filings
According to a recent report by WebRecon, the month of May saw a jump significant from the previous month in filings under the Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act (FDCPA), and the Telephone Consumer Protection Act (TCPA). Complaints filed with the Consumer Financial Protection Bureau (CFPB), however, remained down.
Troutman Pepper Weekly Consumer Financial Services Newsletter
To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week:
Troutman Pepper Weekly Consumer Financial Services Newsletter
To help you keep abreast of relevant activities, below find a breakdown of some of the biggest events at the federal and state levels to impact the Consumer Finance Services industry this past week: