The CFPB posted Regulation Z, which implements the Truth in Lending Act, on its eRegulations platform. The posting brings together all materials related to the regulation on a single website. Users of eRegulations can view the currently effective regulation text, search past and present versions of regulations, compare two versions of the regulation,
Court Finds Uncapped Punitive Damages Available Under the FCRA Precludes Dismissal When Offer of Judgment Not Accepted
On April 7, 2014, the United States District Court in the Eastern District of Virginia declined to dismiss a class action under the Fair Credit Reporting Act as moot because it could not conclude with certainty that an offer of judgment under Rule 68 afforded complete relief.
West Virginia Adds New Disclosure Requirement for Out-of-Statute Debts
A recently passed bill by the West Virginia Legislature requires debt collectors to make new disclosures in initial letters to consumers. Effective June 6, 2014, section 46A-2-128(f) of the West Virginia Consumer Credit Protection Act (WVCCPA) is amended to require the initial written communication with a consumer to disclose the subject debt is beyond the
FTC Settles Claims Against Data Brokers Under FCRA
Two data brokers settled charges brought by the FTC for $1.5 million based on allegations that they violated the Fair Credit Reporting Act (FCRA) when selling consumer data.
The FTC alleged the companies operated as consumer reporting agencies when providing reports about consumers to users such as prospective employers and landlords. The complaints filed by
CFPB Outlines Expansion of Nonbank Supervision, In Particular Increasing Consumer Access to Credit Scoring Information and Education
In a speech at the Consumer Bankers Association, CFPB Deputy Director Steve Antonakes discussed the nonbank segments of the financial services industry where the CFPB recently has expanded its supervision, including debt collection, student loan servicing, and large nonbank auto lenders.
Antonakes cited the receipt of more than 20,000 consumer complaints in March 2014 as
FTC and EEOC Issue Guidance on FCRA and Background Checks
Hiring decisions are among the most important choices for any employer, but the process can be complex. For the first time, the Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have jointly issued two short guides on employment background checks that explain the rights and responsibilities of both employers and employees, while
FTC Commissioner Advocates for New Data Broker Legislation
In a lecture at Princeton University last week entitled “Big Data and Consumer Privacy: Addressing Challenges and Finding Solutions,” the Federal Trade Commission’s Julie Brill joined others in calling for Congress to enact new legislation covering data brokers, in particular to improve commercial privacy laws regarding how and what personal information is collected.
Commissioner Brill
Third Circuit Exposes Furnishers to Significant FCRA Liability
In a published opinion on February 21, 2014, a unanimous panel of the Third Circuit in Seamans v. Temple University held that, even if information provided by a furnisher in response to a consumer’s dispute received from a consumer reporting agency (CRA) is technically correct, it may nonetheless be inaccurate in violation of the Fair
CFPB’s Consumer Advisory Board Meeting to Discuss Credit Reporting Market
On February 26-27, the Consumer Advisory Board (CAB) will be meeting in Washington, D.C., on a variety of topics, including the credit reporting market and managing consumer credit.
Richard Cordray will speak at a public session of CAB on February 27, where he is expected to focus on protecting consumer credit profiles. There will
Bill Targeting Data Brokers Introduced in the Senate
On February 12, the Data Broker Accountability and Transparency Act of 2014 was introduced in the United States Senate by Jay Rockefeller (D-W.Va.) and Edward Markey (D-Mass.) in an effort to lift the “veil of secrecy” behind data collection by ensuring accuracy and accountability for consumers. The legislation would empower the Federal Trade Commission to