On October 2, President Obama announced a new executive order that prevents federal agencies from making job-applicants reveal they have a criminal record as part of his overall criminal justice reform effort. This “ban the box” initiative would prevent federal agencies from asking about an applicant’s criminal history at the initial application stage.
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On November 4, 2015, the Federal Trade Commission (FTC), 47 State Attorneys General, and other state and local law enforcement authorities from around the country announced the first coordinated federal-state enforcement initiative targeting deceptive and abusive debt collection practices. The initiative, named Operation Collection Protection, aims to crackdown on collectors who use illegal tactics
On October 29, 2015, the Consumer Financial Protection Bureau (“CFPB”) announced the settlement of an enforcement action against two affiliated consumer reporting agencies under the Fair Credit Reporting Act (“FCRA”) based on these companies’ employment background screening practices. The consent order requires these background screeners to pay a total of $13 million in penalties and
On November 2, 2015, a sharply divided Supreme Court of the United States heard oral arguments in Spokeo, Inc. v. Robins, where it considered whether Congress may confer Article III standing by authorizing a private right of action based on the violation of a federal statute alone, despite a plaintiff having suffered no concrete
On October 22, Consumer Financial Protection Bureau Director Richard Cordray delivered prepared remarks to the Consumer Advisory Board. At the meeting, Cordray discussed arbitration and issues relating to non-English or limited English–speaking consumers.
The issue of arbitration, however, was at the forefront of the discussion. As we previously reported, the CFPB intends
Effective October 27, under the New York City Fair Chance Act, employers can inquire about a potential employee’s criminal record only after a conditional offer of employment is made. The Act further requires that employers provide a written copy of the inquiry, the employer’s analysis, and any supporting documentation to applicants once such a
On September 8, the United States Solicitor General requested leave from the U.S. Supreme Court to participate in oral argument in Spokeo, Inc. v. Robins, as amicus curiae. The Supreme Court granted the United States’ request and will now allow the U.S. to chime in on a threshold constitutional standing issue at oral argument.
Pursuant to a stipulated order with the Federal Trade Commission, Sprint will pay $2.95 million in civil penalties for alleged violations of the Fair Credit Reporting Act’s Risk-Based Pricing Rule. The Rule ensures that consumers who are offered less favorable service terms will receive notice of, among other things, any credit score used by the
A new putative class action lawsuit has been filed against the hotel chain owned by Donald Trump in the United States District Court for the Southern District of Illinois, after the hotel chain revealed that it had been the subject of a data breach. The suit asserts claims under “state consumer protection laws” and “state
On October 1, a district judge in the Eastern District of Pennsylvania issued a decision involving disclosure and adverse action claims under the Fair Credit Reporting Act. In its decision, the Court granted summary judgment for the defendants, recognizing a preliminary decision does not constitute adverse action under the FCRA.
In her complaint, the plaintiff