2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions and stay ahead of the compliance curve.
In this report, we share developments in 2020 on consumer class actions, background screening, bankruptcy,
COVID-19 has forced us to ask novel questions generally and look for stay-at-home order workarounds. Compliance with the Fair Credit Reporting Act (FCRA) is no different. One of the many questions that has arisen relates to the reinvestigation of disputed court records. How can this be done with limited access to court records? What should
On March 17, a bill was introduced in the United States Senate to amend the Fair Credit Reporting Act to prohibit negative credit reporting during the coronavirus health crisis. The bill, S.3508, is entitled The Disaster Protection for Workers’ Credit Act. It would provide for a four-month moratorium on negative credit reporting and a
On January 23, the United States Court of Appeals for the Sixth Circuit affirmed the dismissal of the class action complaint filed by plaintiff Muhammad M. Butt against FD Holdings, LLC d/b/a Factual Data in the case styled, Butt v. FD Holdings, LLC, d/b/a Factual Data. A copy of the Court’s opinion can be
A major background check vendor has settled charges by the Consumer Financial Protection Bureau (CFPB) that matching practices – the bases by which it attributes a criminal record to a specific individual – violated the Fair Credit Reporting Act (FCRA). At bottom, the settlement attempts to establish a standard that name and Date of Birth
As we previously reported, in 2017, consumer plaintiff James Andrews filed a putative class action against Sirius XM Radio, Inc., alleging a violation of the Driver’s Privacy Protection Act, 18 U.S.C. § 2721, et seq. (“DPPA”). Andrews claimed that the satellite radio provider sent solicitation letters to him and putative class members using personal
On May 30, 2019, the Second Circuit issued its decision in Kidd v. Thomson Reuters Corporation, affirming the district court’s order granting summary judgment in favor of Thomson Reuters and defining what is required to qualify as a “consumer reporting agency” (“CRA”) covered by the Fair Credit Reporting Agency, 15 U.S.C. § 1681, et
Washington was close to becoming the next state with a comprehensive privacy law designed to enhance consumers’ privacy rights, but the bill recently failed to pass the state House of Representatives.
The Washington Privacy Act (SB 5376) was introduced in the Washington State Senate in January after California enacted the landmark Consumer Privacy Act (“CCPA”)
On February 22, the United States District Court for the Northern District of Illinois granted a defendant’s motion to dismiss in a Driver’s Privacy Protection Act (“DPPA”) putative class action, holding that the DPPA does not provide a private right of action against state officials in their official capacities. A copy
Over the last few years, an increased focus continues on the right to privacy and the debate on how to best implement privacy tools that are balanced with business and technological innovation. In the United States, the debate to adopt policies like those in the European Union has recently intensified as consumer advocates view data