On March 11, U.S. Representative Patrick McHenry (R-NC) reintroduced a bill to amend the Fair Credit Reporting Act (FCRA). H.R. 1645, the Protecting Consumer Access to Credit Act, would remove from a consumer’s credit report all paid, non-elective medical debt, and negative information judicially determined to have resulted from predatory lending or financial abuse.
California Federal Magistrate Judge Approves $175,000 Class Action Settlement for Employer’s Alleged Violation of FCRA’s Stand-Alone Disclosure Requirement
A federal magistrate judge in the Northern District of California approved a class settlement of nearly $175,000 for an alleged violation of the FCRA’s stand-alone disclosure requirement. The class was comprised of over 1,000 job applicants who signed a standard form as part of their application, which included both a consumer report disclosure and a
Professional Background Screening Association Wins Freedom of Information Appeal Against Arkansas Clerk of Court
The Supreme Court of Arkansas ruled in favor of the Professional Background Screening Association (“PBSA”) against the Clerk of the Court of Benton County, Arkansas, Bentonville Division, holding that background screeners’ record requests are not requests for compiled information for purposes of Arkansas Supreme Court Administrative Order Number 19 (“Order 19”), and therefore not subject
No Federal Court Standing for Data Breach Claims Alleging Theft of Non-Sensitive Personal Information
A federal court in California has ruled that the plaintiff in a putative class action alleging theft of non-sensitive personal information arising from a cybersecurity data breach lacks Article III standing to maintain his claims. In Rahman v. Marriott International, Inc., the Plaintiff asserted claims for violation of the California Consumer Privacy Act (“CCPA”),
Home Security Company Will Pay $600,000 Civil Penalty in FCRA Settlement for Failing to Provide Risk-Based Pricing Notice
The Consumer Financial Protection Bureau (“CFPB”) has sounded the alarm on a home security company’s alleged violation of the Fair Credit Reporting Act (“FCRA”). On December 11, 2020, the CFPB announced that it and the Arkansas Attorney General reached a settlement with Alder Holdings, LLC (“Alder”), a Utah-based home security company, for allegedly violating the
Maine Federal Court Finds State-Imposed Credit Reporting Restrictions Preempted by the FCRA
A federal court in Maine recently held that the federal Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681, et seq., preempts burdensome credit reporting restrictions imposed by the Maine Fair Credit Reporting Act. “By seeking to exclude additional types of information” from consumer credit reports, the court held that “the Maine Amendments
Second Circuit Holds a Threat of Suit Without Further Notice May Overshadow Consumer’s Validation Rights
Reversing a district court’s dismissal for failure to state a claim under the Fair Debt Collection Practices Act (“FDCPA”), the Second Circuit (“the Court”) ruled in Mizrachi v. Wilson, Elser, Moskowitz, Edelman & Dicker LP that a threat of suit without further notice included in the defendant’s debt collection letter may have overshadowed notice of