On September 12, the Consumer Financial Protection Bureau issued an interim final rule which provided a model Summary of Rights form, a form that both consumer reporting agencies (CRAs) and employers doing background checks use for compliance with the Fair Credit Reporting Act. CRAs and employers are required to implement revisions to the form
By: Ashley Taylor, David Anthony, Stephen Piepgrass and Ryan Strasser
The Virginia Consumer Protection Act (VCPA), Virginia Code § 59.1-196 et seq., represents the Virginia General Assembly’s effort to enact a sweeping and potent remedial tool to protect consumers from exploitation by a business where the consumer has engaged in a “consumer transaction” with
We are pleased to announce that Troutman Sanders attorneys David Anthony, Cindy Hanson, Timothy St. George and Julie Hoffmeister will be presenting during the 2018 NAPBS Annual Conference Passport to the World CCN in Baltimore, Maryland. NAPBS wants to provide Legal and Compliance information to all members and non-members attending the conference. Cindy,
Clarity on Overlapping Background Check Laws in California
By Timothy St. George, David Anthony, Ronald Raether, Jonathan Yee and Sadia Mirza
On Aug. 20, 2018, the California Supreme Court issued its long-awaited order in Connor v. First Student Inc., finding the state’s Investigative Consumer Reporting Agencies Act, or ICRAA, was not unconstitutionally vague as applied
On August 16, seven Democrat senators proposed a bill (S.3351, named the “Medical Debt Relief Act of 2018”) to amend the Fair Credit Reporting Act and Fair Debt Collection Practices Act to cover certain provisions related to the collection of medical-related debt. The proposed act would institute a 180-day waiting period under the FCRA before
On August 20, 2018, the Supreme Court of California issued its long-awaited order in Connor v. First Student, Inc. finding the state’s Investigative Consumer Reporting Agencies Act (“ICRAA”) was not unconstitutionally vague as applied to employer background checks, despite overlap with the Consumer Credit Reporting Agencies Act (“CCRAA”). See Connor v. First Student, Inc., No.
On August 3, the U.S. District Court for the District of Columbia dismissed a putative class action brought under the Fair and Accurate Credit Transactions Act for lack of subject matter jurisdiction and Article III standing, relying on the 2016 U.S. Supreme Court ruling in Spokeo Inc. v. Robins. As is commonplace in FACTA
In a case of first impression, the United States District Court for the Western District of Michigan held that direct-to-voicemail messages qualify as a “call” under the Telephone Consumer Protection Act. The Court’s opinion thus subjects another modern technology to the requirements of express consent and other strictures of the TCPA.
Defendant debt collector Dyck-O’Neal,
The Southern District of West Virginia recently held that the reporting of an account being paid through a Chapter 13 bankruptcy plan as having an outstanding balance or past due payments does not violate the Fair Credit Reporting Act.
Plaintiffs Angela and Robert Barry alleged that Farm Bureau Bank FSB continued to report their account
We are pleased to announce that Troutman Sanders attorney David Anthony will be presenting during the Consumer Data Industry Association Inaugural Law Symposium at the One CityCenter in Washington, D.C. CDIA wants to focus heavily on trending topics in credit reporting, including state regulatory initiative, key litigation developments, investigation and enforcement activities, and cybersecurity. David