Credit Reporting and Data Brokers

On March 18, the West Virginia legislature passed Senate Bill 5, amending the West Virginia Consumer Credit and Protection Act (WVCCPA). The amendments will apply to all causes of action filed on or after June 16, 2021, the effective date of the amendments.

The amendments signal a continuing trend in West Virginia toward equalizing

Judge James Teilborg of the U.S. District Court Judge for the District of Arizona awarded Thomas McDermott over $17,000 in damages and attorney’s fees after he obtained a default judgment against collection agency, Perfection Collection LLC (Perfection Collection), for violating the Fair Credit Reporting Act (FCRA) by furnishing inaccurate information when it reported a delinquent

In Hearn v. Comcast Cable Communications, LLC, the Eleventh Circuit Court of Appeals reversed a district court holding denying the defendant’s motion to compel arbitration regarding the plaintiff’s Fair Credit Reporting Act claim and remanded the matter for further proceedings.

In that case, the plaintiff obtained services from the defendant in 2016, and signed

The Second Circuit Court of Appeals recently upheld a ruling that reporting a judgment as “satisfied” was accurate under the Fair Credit Reporting Act (FCRA) when the underlying lawsuit was dismissed by stipulation as “settled” without the prior judgment being vacated. The Second Circuit further held that entities alleged to have willfully violated the FCRA

On March 31, the Consumer Financial Protection Bureau (CFPB or Bureau) announced it is rescinding its April 1, 2020 policy statement regarding the Fair Credit Reporting Act (FCRA) and Regulation V following the enactment of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). This recission is effective April 1.

Background

On March 27,

On March 24, the Consumer Financial Protection Bureau (CFPB) provided the Consumer Response 2020 Annual Report (CFPB Report) to Congress. The CFPB Report reflects complaints submitted by consumers to the CFPB and analyzes those complaints.

In 2020, the CFPB saw a 54% rise in complaints from 2019 — with the total number increasing from 352,400

In Guzman v. I.C. Sys., 2021 U.S. Dist. LEXIS 42595, 2021 WL 861914 (E.D.N.Y. Mar 8, 2021), Carolina Guzman (plaintiff) alleged that I.C. System, Inc. (defendant) violated the FDCPA by reporting to Experian that her debt to Sprint was “[s]eriously past due date/assigned to attorney, collection agency, or credit grantor’s internal collection department.” Id.

On March 11, U.S. Representative Patrick McHenry (R-NC) reintroduced a bill to amend the Fair Credit Reporting Act (FCRA). H.R. 1645, the Protecting Consumer Access to Credit Act, would remove from a consumer’s credit report all paid, non-elective medical debt, and negative information judicially determined to have resulted from predatory lending or financial abuse.

A federal magistrate judge in the Northern District of California approved a class settlement of nearly $175,000 for an alleged violation of the FCRA’s stand-alone disclosure requirement. The class was comprised of over 1,000 job applicants who signed a standard form as part of their application, which included both a consumer report disclosure and a

In the years following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) — which held that “bare procedural violation[s], divorced from any concrete harm, [do not] satisfy the injury-in-fact requirement of Article III” — district courts have had to grapple with the question of standing under the