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David Anthony handles litigation against consumer financial services businesses and other highly regulated companies across the United States. He is a strategic thinker who balances his extensive litigation experience with practical business advice to solve companies’ hardest problems.

On May 26, the Consumer Financial Protection Bureau (CFPB or Bureau) announced that federal anti-discrimination law requires companies to explain to applicants the specific reasons for denying an application for credit or taking other adverse actions, even if the creditor is relying on credit models using complex algorithms.

In a corresponding Consumer Financial Protection Circular

To resolve a discovery dispute in a Fair Credit Reporting Act (FCRA) case, a judge in the Western District of Kentucky recently compelled the production of the plaintiff’s settlement agreements with several former co-defendants. Under the “one-satisfaction rule,” the agreements reduced the remaining defendant’s potential liability, making them relevant to the case and thus discoverable.

On May 5, the Consumer Financial Protection Bureau (CFPB or Bureau) and the Federal Trade Commission (FTC) together filed an amicus brief in an appeal pending before the Court of Appeals for the Second Circuit, Sessa v. Trans Union, LLC, No. 22-87 (2d Cir. 2022). The agencies argue that the Fair Credit Reporting Act

On April 7, the Consumer Finance Protection Bureau (CFPB or Bureau) filed an amicus brief in an appeal, pending before the Court of Appeals for the Eleventh Circuit in which the Bureau argued that the Fair Credit Reporting Act (FCRA) does not exempt furnishers from investigating disputes based on legal questions as opposed to factual

On April 7, the Bureau of Consumer Financial Protection (CFPB) issued a request for comment on proposed amendments to the regulation implementing the Fair Credit Reporting Act (FCRA), intended to assist consumers who are survivors of human trafficking. The proposed amendments would prohibit consumer reporting agencies (CRAs) from reporting adverse information resulting from certain types

Joining the Ninth Circuit on one side of a post-Spokeo circuit split, the Eighth Circuit recently held a plaintiff lacked standing to pursue her Fair Credit Reporting Act (FCRA) claims when she conceded her consumer report was accurate and alleged no concrete harm from three technical FCRA violations.

On April 4, in Schumacher v.

The Ninth Circuit recently affirmed a Central District of California decision, denying a motion to remand and granting a motion to dismiss in Tailford, No. 20-56344, 2022 U.S. App. LEXIS 5357, at *11-12 (9th Cir. Mar. 1, 2022). Plaintiffs Theresa Tailford, Sanford Buckles, and Jeffrey Ruderman sued a national credit bureau for FCRA violations,

Thursday, April 7 • 12:00 – 1:00 p.m. ET

David Anthony spoke on a panel that discussed recent significant developments in Fair Credit Reporting Act litigation, with a particular focus on cases that involve class action issues. The panel discussion topics included key decisions, trends in the types of claims and issues that are the

On March 18, the District Court for the Southern District of Texas entered an injunction against a credit repair organization, Turbo Solutions, Inc. d/b/a Alex Miller Credit Repair, and its owner Alex Miller for alleged violations of the FTC Act, Credit Repair Organizations Act (CROA), and the FTC’s Telemarketing Sales Rule (TSR). The complaint against