On April 16, the U.S. Court of Appeals for the Seventh Circuit ruled that the definition of “conviction” under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, et seq, should be interpreted under federal law, not the law of the state where the criminal record is generated. See Aldaco v. RentGrow, Inc.,
Requiring an employee or consumer to submit any dispute to binding arbitration as a condition of employment or purchase of a product or service is commonly referred to as “forced arbitration.” Many times, the employee or consumer is required to waive their right to sue or to participate in a class action lawsuit. Critics argue
On February 26, the House Financial Services Committee held a hearing entitled “Who’s Keeping Score? Holding Credit Bureaus Accountable and Repairing a Broken System,” with the CEOs of the big three credit bureaus – TransUnion, Equifax, and Experian – testifying. The hearing was the first time the current CEOs of the major credit bureaus have
The Eighth Circuit recently provided a reminder that district courts must ensure Article III standing, including case and controversy requirements, exists throughout a case and not just when the complaint is filed. In Schumacher v. SC Data Ctr., Inc., No. 17-3112, 2019 U.S. App. LEXIS 505 (8th Cir. Jan. 8, 2019), the three
2018 was a busy year in the consumer financial services world. As we navigate the continuing heavy volume of regulatory change and forthcoming developments from the Trump administration, Troutman Sanders is uniquely positioned to help its clients successfully resolve problems and stay ahead of the compliance curve.
In this report, we share developments on
Your diet and fitness goals are not the only things scheduled to change come the New Year. On April 10, 2018, Iowa Governor Kim Reynolds signed Senate File 2177, which modified provisions applicable to consumer security freezes and personal information security breach protection. The Act, which goes into full effect on January 1, was
A court in the United States District Court for the Southern District of Iowa recently ruled that the protections applicable when consumer reports are obtained for “employment purposes” under the Fair Credit Reporting Act (“FCRA”) do not extend to reports obtained for independent contractors. This issue has been unsettled and both employers and background screening
The Northern District of California recently dismissed a putative class action, filed under the Fair Credit Reporting Act, challenging an employer’s inclusion of state-specific information in its FCRA consent and disclosure form. The Court held that the plaintiff had no standing to assert her FCRA claim because she failed to plead a concrete injury-in-fact.
In
On November 16, the United States District Court for the Southern District of California granted final approval of a $1.2 million Fair Credit Reporting Act class action settlement against Petco Animal Supplies, Inc.
As we previously reported, a putative class action was filed against Petco in June 2016, challenging the company’s form of disclosure
As Congress’ emboldened majority has sought to lessen the federal government’s regulatory footprint, the states have not always been quiet, as one summertime example amply shows.
In 2017, two congressmen introduced two bills which, if enacted, would expand the scope of federal preemption to include non-bank entities. Introduced by Rep. Patrick McHenry (R-N.C.), the
