The Better Business Bureau recently released data from 2014 regarding the number of complaints received pertaining to registered debt collection agencies. The statistics show a sharp decrease in the number of complaints lodged against debt collection agencies. This number is contrary to data released by the Consumer Financial Protection Bureau, which show an increase in
FTC Closes Investigation Against Health Care Provider, Offers Further Statements Regarding Background Screening Policies
The Federal Trade Commission has closed an investigation into potential violations of the Fair Credit Reporting Act by a California-based health care company. However, despite its decision to not recommend enforcement action, the Commission rejected the notion that the company’s use of background screening reports — or the use of reports to investigate job applicants
NYC Commission on Human Rights Issues Enforcement Guidance on SCDEA
Earlier this month, the New York City Commission on Human Rights provided enforcement guidance on the Stop Credit Discrimination in Employment Act (SCDEA). The SCDEA took effect on September 3, 2015, and restricts employers from requesting or using applicants’ and employees’ credit history when making employment decisions. The Commission referred to SCDEA as
FTC Changes Location and Re-Opens Registration for its Second Debt Collection Dialogue in Dallas
The FTC announced it has changed the location and has re-opened registration for its second “Debt Collection Dialogue” in Dallas. The September 29 event is now going to take place at Southern Methodist University’s Dedman School of Law. Pre-registration, which originally closed on August 13, was re-opened for this larger event.
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Trade Groups’ Comment Letters Urge CFPB to Fix Complaint Database Before Trying to Normalize Data
In response to the CFPB’s request for information (RFI) regarding “best practices” for normalizing the data in the Consumer Complaint Database, issued on June 30, 2015, the American Bankers Association (ABA) submitted a comment letter that argues any efforts made by the CFPB to “normalize” data in its consumer complaints database – that is,
California Federal Court Deals with Statute of Limitations for FCRA Claims in Background Screening Claims
In June, a former employee filed a class action complaint against Kohl’s Department Stores alleging violations of the Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA) and Consumer Credit Reporting Agencies Act (CCRAA). Kohl’s filed a motion to dismiss, arguing that the claims were time-barred under the FCRA’s two-year
Illinois Federal Court Holds Statements in Legal Pleadings Can Potentially Violate FDCPA
On August 4, the United States District Court for the Northern District of Illinois held that legal pleadings can violate the Fair Debt Collection Practices Act.
In Marquez, et al. v. Weinstein, Pinson, P.S., et al., the plaintiffs argued that a law firm and its client violated § 1692e of the FDCPA by including
Snapshot Reveals Numbers and Trends of Consumer Credit Reporting Complaints to CFPB
On August 25, the Consumer Financial Protection Bureau released its monthly consumer complaint snapshot, which included a focus on complaints regarding credit reporting. According to the snapshot, the CFPB has handled 105,000 credit reporting complaints, making them the third most popular type of complaint received by the CFPB. The CFPB received nearly 7,000 credit
California Appeals Court Revives California’s Investigative Consumer Reporting Agencies Act
The California Appeals Court overturned a Los Angeles Superior Court decision holding that California’s Investigative Consumer Reporting Agencies Act (ICRAA) was unconstitutionally vague because of its overlap with California’s Consumer Credit Reporting Agencies Act (CCRAA). Connor v. First Student, Inc., 2015 Cal. App. LEXIS 699 (Cal. App. 2d Dist. Aug. 14, 2015).
In the
Third Circuit Upholds FTC’s Authority to Prosecute Companies for Data Breaches
On August 24, the Third Circuit Court of Appeals affirmed the authority of the Federal Trade Commission to bring cases against companies that experience a data breach.
The Third Circuit Court of Appeals ruled the FTC could proceed with a lawsuit alleging that the hotel chain Wyndham Worldwide Corp. violated the unfairness and deception prong