On August 3, the U.S. District Court for the District of Columbia dismissed a putative class action brought under the Fair and Accurate Credit Transactions Act for lack of subject matter jurisdiction and Article III standing, relying on the 2016 U.S. Supreme Court ruling in Spokeo Inc. v. Robins. As is commonplace in FACTA
With debts rising faster than new graduates’ starting salaries, a student debt crisis has the potential to haunt the nation much in the way the mortgage crisis did 10 years ago. In general, the roots of this problem lie, in part, in the private student loan, or PSL, market created by and in response to
Under the Fair Credit Reporting Act, a potential employer generally may not procure a consumer report on an applicant unless the employer provides a disclosure, in a document that consists “solely of the disclosure,” informing the applicant that a consumer report may be obtained. In Williams v. TLC Casino Enters., the District Court
On July 17, the Missouri Court of Appeals affirmed a ruling of the Cole County Circuit Court dismissing a putative class action under the Fair Credit Reporting Act against multinational staffing company, Kelly Services, Inc.
A three-judge panel of the Missouri Court of Appeals issued a one-page order and eleven-page memorandum opinion upholding the lower
On July 5, the U.S. District Court for the Northern District of Illinois granted summary judgment in favor of the Federal Trade Commission against Credit Bureau Service, LLC f/k/a/ MyScore LLC (“CBS LLC”) and its owner, Michael Brown, on charges that they deceived consumers with fake rental property ads and deceptive promises of “free” credit
The 23rd Annual Consumer Financial Services Institute will take place on June 25 and 26! Attend this unique event in person in San Francisco or via concurrent Live Webcast to hear from expert faculty – including representatives from the CFPB, as well as other federal and state regulators and attorneys general, industry representatives and consumer
On June 11, St. Louis County officials signed an executive order, effective immediately, that would “ban the box” and ensure that St. Louis County will no longer ask job applicants for criminal histories in their initial employment applications. Other jurisdictions in Missouri with ban-the-box laws include Jackson County, Columbia, and Kansas City.
“A parolee’s failure
On June 7, the Federal Trade Commission issued a public notice regarding the Economic Growth, Regulatory Relief, and Consumer Protection Act, which goes into effect on September 21, 2018. The new law mandates that the three major credit reporting agencies set up webpages to allow consumers to request one-year fraud alerts and credit freezes. The
Many employers use background checks when evaluating potential candidates for hire. They do this for a variety of reasons, from basic due diligence to a desire to avoid negligent hiring claims in the future. If an employer intends to use this employment background check – often referred to as a consumer report – to take
On May 29, the Ninth Circuit ruled that an end-user’s misuse of reported information does not render a credit reporting agency’s report inaccurate for purposes of liability under the Fair Credit Reporting Act. The Court affirmed the district court’s grant of summary judgment in the putative class action case brought against a national credit