Credit Reporting & Data Brokers

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Wire fraud cases, arising from what the Federal Bureau of Investigation calls “business email compromise,” are on the rise. In 2018, the FBI reported that business email compromise and other internet-enabled theft, fraud, and exploitation resulted in $2.7 billion of financial loss. See FBI – IC3 Annual Report Released. Surprisingly, even sophisticated parties and…

On January 9, 2020, the United States Court of Appeals for the Eleventh Circuit issued its decision in Williams v. First Advantage Lns Screening Solutions, a case watched closely by the background screening industry. In Williams, the Court affirmed a $250,000 compensatory damages award and reduced a $3.3 million punitive damages award to…

We are pleased to announce that Troutman Sanders’ attorneys David Anthony and Ethan Ostroff will be presenting during the RMAI Annual Conference at the Aria Resort & Casino in Las Vegas, Nevada. The RMAI Conference is the premier event for the receivables management industry. Debt buyers, originating creditors, collection agencies, law firms, brokers and affiliates…

Shortly before the end of the year, two bills, introduced in the U.S. House of Representatives earlier in 2019, that seek to amend the Fair Credit Reporting Act (“FCRA”) were amended and reported out by the House Committee on Financial Services for consideration by the full House.

H.R. 3622, titled “Restoring Unfairly Impaired Credit…

The U.S. District Court for the Middle District of Florida has awarded summary judgment in favor of a furnisher on a consumer’s claims brought under the Fair Debt Collection Practices Act. The dispute arose out of credit reporting on the account. The plaintiff asserted that the furnisher violated credit reporting standards by inaccurately identifying …

On November 7, the United States District Court for the Western District of Tennessee addressed the issue of whether it is a violation of the Fair Credit Reporting Act for a creditor to report a charged-off account with a monthly payment due. In Ruvye Cowley v. Equifax Info. Servs., LLC, et al., the Court…

Trina Davis brought both individual and putative class claims against Einstein Noah Restaurant Group, Inc. (herein “Einstein”), the parent company of popular bagel chain Noah’s Bagels, and Caribou Coffee Company, Inc. She alleged the companies violated the Fair Credit Reporting Act and related California statutes, arguing the consumer report disclosure form she signed to complete…

On November 12, the United States District Court for the Middle District of Florida issued an order granting final approval to a class action settlement in Sanders et al. v. Global Radar Acquisition LLC d/b/a Global HR Research. This settlement resolves the lawsuit filed by Shawana Sanders and Keynatta Williams alleging that Global HR…

On September 19, the Stop Debt Collection Abuse Act of 2019 was introduced by Reps. Emanuel Cleaver (D-Mo.) and French Hill (R-Ark.) in the House and Sens. Cory Booker (D-N.J.) and Mike Lee (R-Utah) in the Senate. This is the third iteration of the proposed bill, which was previously introduced in November 2015 and March…

The Consumer Financial Protection Bureau is amending Regulation C under the Home Mortgage Disclosure Act (“HMDA”), extending the current temporary threshold for collecting and reporting data about open-end lines of credit until January 1, 2022. The rule also incorporates partial exemptions from the Economic Growth, Regulatory Relief, and Consumer Protection Act …