Last June, the Supreme Court issued a noteworthy decision in the TransUnion v. Ramirez case, holding that the vast majority of an 8,000-plus member Fair Credit Reporting Act (FCRA) class lacked standing because they had not suffered a concrete injury. TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021). On February 3, after returning
In late January, the Consumer Financial Protection Bureau (CFPB) released its 2022 “List of Consumer Reporting Companies.” This list purports to give consumers “the details [they] need to take action” against companies that collect consumer information and prepare consumer reports. According to the CFPB’s accompanying press release, the list is intended to
According to a recent year-in-review report by WebRecon, Fair Credit Reporting Act (FCRA) filings continued their upward trajectory throughout 2021. This stands in contrast to filings under the Fair Debt Collection Practices Act (FDCPA) or the Telephone Consumer Protection Act (TCPA), which decreased from the previous year. Meanwhile, complaints filed with the CFPB increased substantially
2021 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 curve.
In this report, we share developments on auto finance, background screening, bankruptcy, consumer class actions, consumer
Ruling on several motions to dismiss on January 14, the U.S. District Court for the Eastern District of Virginia denied an effort to dismiss Courthouse News Service’s (CNS) First Amendment challenge to Virginia’s restrictions on public access to electronic court records. This clears the way for the lawsuit to proceed on the merits. Although this
This month, Courthouse News Service (CNS) filed suit against several clerks of the Superior Court of California for allegedly violating the First Amendment rights of members of the press by restricting access to newly filed civil complaints. This suit follows on the heels of CNS’ recent lawsuit in Virginia that also asserted the First Amendment
In November, the Consumer Data Industry Association (CDIA) and the Professional Background Screening Association (PBSA) joined forces to submit an amicus brief in support of landlords’ First Amendment right to conduct criminal record background checks. The case is Yim v. City of Seattle, on appeal before the Ninth Circuit, challenging a Seattle ordinance that
On December 8, the U.S. Department of Justice (DOJ) adopted a rule specifying the minimum national requirements for registration under the Sex Offender Registration and Notification Act (SORNA). The rule, which takes effect on January 7, 2022, “provides a concise and comprehensive statement of what sex offenders must do to comply with SORNA’s requirements.” The
In September 2021, Courthouse News Services (CNS) filed a federal lawsuit in the Eastern District of Virginia against Virginia court officials for allegedly violating the First Amendment rights of the press and public by restricting access to newly filed civil complaints. Currently, only Virginia barred attorneys have digital access to newly filed court records through
In a report released on November 2, the Consumer Financial Protection Bureau (CFPB) found that credit report disputes more commonly occur among consumers in majority Black and Hispanic neighborhoods than consumers in majority white neighborhoods. New CFPB Director Rohit Chopra attributed this disparity to alleged “[e]rror-ridden credit reports” that “are far too prevalent and may