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Bryan serves clients by developing and implementing creative solutions for complex issues. Specializing in tobacco industry regulatory compliance and enforcement matters, Bryan efficiently assists clients in complying with regulatory obligations and managing risk, consistent with clients’ business objectives.

In Abdelfattah v. DHS, the D.C. Circuit held that credit information obtained by the Department of Homeland Security on a person of interest can constitute a consumer report under the Fair Credit Reporting Act.  Because DHS did not have a permissible purpose to obtain the information, it may be liable for an FCRA violation.

On January 7, 2015, Genesis Healthcare became one of the most recent companies to face a class action lawsuit under the FCRA based on its background check practices.  This lawsuit should serve as a reminder to companies to verify that their procedures for obtaining and using background checks comply with the FCRA’s disclosure and adverse

On October 31, a United States District Court certified a Fair Credit Reporting Act class action involving claims that an employer procured a background check through an improper disclosure form and took adverse action without following the proper adverse action protocol.  Although the Court’s decision did not address the merits of the case, the Court

On December 4, Whole Foods was added to the long list of employers that have been hit with nationwide class action lawsuits under the FCRA based on their background check practices.  This lawsuit should serve as another reminder to employers to verify that their background check practices comply with the Fair Credit Reporting Act.


On December 11, the Consumer Financial Protection Bureau released a report and accompanying press release regarding the intersection of medical debt and credit reporting.  This report reveals the staggering impact medical debt has on the credit reports of millions of Americans.

The CFPB views medical debt as unique among debts because of the unpredictability by

On November 20, Consumer Financial Protection Bureau Director Richard Cordray urged financial institutions to develop faster systems for processing electronic funds transfers (EFTs).  In his prepared remarks, however, he insisted that these faster systems must offer robust consumer protections.

According to Cordray, the U. S. banking system needs improvement in the ability to process

After facing speculation as to whether Uber sufficiently screens the backgrounds of its drivers, Uber is now facing a class action under the Fair Credit Reporting Act for allegedly failing to conduct background checks in accordance with the FCRA.  This lawsuit provides another example of the minefield companies face when conducting pre-employment background checks.


On November 13, Consumer Financial Protection Bureau Director Richard Cordray delivered prepared remarks regarding electronic funds transfers (EFTs).  Although Cordray noted the benefits of EFTs to consumers, he cautioned that the potential for abuse necessitates aggressive policing of the industry.

According to the CFPB, the nationwide system for EFTs allows consumers to receive their paychecks,

On September 10, Congresswoman Maxine Waters released a draft proposal entitled “Fair Credit Reporting Improvement Act of 2014” that, if passed, could lead to fundamental changes in the credit reporting industry.

According to the published summary of the key provisions of the proposed legislation, the legislation would alter various aspects of credit reporting in favor

Employers utilizing background checks in their applicant screening process often battle two competing forces – the need to screen and hire employees quickly and the requirement that they wait a reasonable time before taking adverse action under the Fair Credit Reporting Act.  The District Court for the Eastern District of Pennsylvania recently issued a decision