Credit Reporting & Data Brokers

An online lead aggregator for payday and installment loans agreed to pay $4 million to settle a lawsuit filed by the Consumer Financial Protection Bureau. The lead aggregator also agreed to a permanent ban on lead generation, lead aggregation, and data brokering for certain high interest consumer loans. 

In 2015, the CFPB filed a lawsuit

We are pleased to announce that Troutman Sanders attorney David Anthony will be presenting at the Consumer Data Industry Association Law & Industry Conference at the Covington & Burling, LLP office in Washington, DC. David will be a panelist on the subject matter, “Managing Risk in an Always Changing Litigation & Enforcement Environment” on June

On April 11, U.S. Magistrate Judge Sallie Kim of the Northern District of California issued a two-page order vacating judgment and final approval of a class action settlement based upon the parties’ failure to send correct notices to more than 300 class members.  See Tyler Smith et al. v. Pacific Personnel Services Inc., No.

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.,

Last week, a Ninth Circuit panel held that plaintiffs in five related cases lacked standing to pursue their FCRA claims. Specifically, the Ninth Circuit held that the allegation that a credit report contained misleading information, absent any indication that a consumer tried to engage in or was imminently planning to engage in any transactions for

A new Florida class action alleges that a car dealership misrepresented that it would make a “soft” credit inquiry, or pull, rather than a “hard” pull – and then made a hard pull.  While the lawsuit alleges a straight-up misrepresentation causing harm to the consumer’s credit standing, the lawsuit illustrates the importance of accuracy in

The District Court for the Northern District of Ohio denied defendant JTM Capital Management, LLC’s motion to dismiss consumer plaintiff Carolyn Holloway’s Fair Debt Collection Practices Act complaint in Holloway v. JTM by ruling that JTM’s inquiry into Holloway’s consumer credit report qualifies as an attempt to collect a debt because JTM sought information for

On March 11, the U.S. District Court for the Central District of California approved a settlement stipulation between the parties in the long-running Fair Credit Reporting Act litigation involving Spokeo, Inc.  See Thomas Robins v. Spokeo, Inc., Case No. 2:10-cv-05306 (C.D. Cal.).  The settlement brings an end to the dispute that led to the

On February 26, the Northern District of California held in Banneck v. Federal National Mortgage Association that the defendant, commonly referred to as “Fannie Mae,” was not a consumer reporting agency, or “CRA,” as defined in the Fair Credit Reporting Act, granting summary judgment in a putative nationwide class action.  The lawsuit had alleged violations

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