The Second Circuit Court of Appeals recently upheld a ruling that reporting a judgment as “satisfied” was accurate under the Fair Credit Reporting Act (FCRA) when the underlying lawsuit was dismissed by stipulation as “settled” without the prior judgment being vacated. The Second Circuit further held that entities alleged to have willfully violated the FCRA
Join us on Tuesday, April 27 as a panel of Troutman Pepper class action litigators examine recent developments in class action litigation in 2021 and provide insights on what the future holds. The panel will dive into the major decisions that were rendered this past year and explore ways for class action practitioners and in-house
David Anthony, a partner in Troutman Pepper’s Consumer Financial Services Practice Group, was recently elected a Fellow in the American College of Consumer Financial Services Lawyers. The College is a professional association of lawyers who have made significant contributions to the field of consumer financial services law, exhibit great skill and expertise in
The U.S. Supreme Court’s recent decision in Ford Motor Co. v. Montana Eighth Jud. Dist. Ct. held that a state has specific personal jurisdiction over out-of-state mega corporations that advertise, sell, and service their products in that state and whose products cause injuries to the state’s residents. Ford Motor Co. v. Montana Eighth Jud. Dist.
On March 31, the Consumer Financial Protection Bureau (CFPB or Bureau) announced it is rescinding its April 1, 2020 policy statement regarding the Fair Credit Reporting Act (FCRA) and Regulation V following the enactment of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). This recission is effective April 1.
Background
On March 27,
On March 24, the Consumer Financial Protection Bureau (CFPB) provided the Consumer Response 2020 Annual Report (CFPB Report) to Congress. The CFPB Report reflects complaints submitted by consumers to the CFPB and analyzes those complaints.
In 2020, the CFPB saw a 54% rise in complaints from 2019 — with the total number increasing from 352,400
David Anthony will be speaking during the “Where Most FCRA Mistakes Are Made” webinar hosted by AccountsRecovery.net. The webinar will take place on March 30, 2021, at 1:00 pm ET.
The Fair Credit Reporting Act is the only statute in the ARM industry where consumers are filing more lawsuits. There are a number of issues
In Guzman v. I.C. Sys., 2021 U.S. Dist. LEXIS 42595, 2021 WL 861914 (E.D.N.Y. Mar 8, 2021), Carolina Guzman (plaintiff) alleged that I.C. System, Inc. (defendant) violated the FDCPA by reporting to Experian that her debt to Sprint was “[s]eriously past due date/assigned to attorney, collection agency, or credit grantor’s internal collection department.” Id.
On March 11, U.S. Representative Patrick McHenry (R-NC) reintroduced a bill to amend the Fair Credit Reporting Act (FCRA). H.R. 1645, the Protecting Consumer Access to Credit Act, would remove from a consumer’s credit report all paid, non-elective medical debt, and negative information judicially determined to have resulted from predatory lending or financial abuse.
This case was brought on behalf of a class of 72 female sales professionals employed by clothing retailer John Varvatos Enterprises, Inc. (Varvatos), alleging that Varvatos’s clothing allowance policy, which included giving free clothing to male sales professionals but not female sales professionals, violated various federal and state anti-discrimination laws. Knox v. John Varvatos Enterprises