Credit Reporting and Data Brokers

In a statement recently disseminated to all Consumer Financial Protection Bureau (CFPB) personnel, Acting Director Dave Uejio set forth new priorities for the CFPB’s Supervision, Enforcement, and Fair Lending Division (SEFL), specifically around providing COVID-19 relief to consumers and racial equity.

In the statement, Uejio communicated his belief that “strong oversight” can make a

The Consumer Financial Protection Bureau (CFPB) signaled Thursday that it may seek to delay implementation of the agency’s recently completed qualified mortgage and debt collection rules. Although the qualified mortgage rule is set to become effective on March 1, 2021 (and the debt collection rule on November 20, 2021), delaying either could lead to a

On January 20, 2021, the Southern District of New York granted Emmanuel Torres’ (“Torres”) motion to remand to state court, holding that Wakefield & Associates’ (“Wakefield”) and Rural Metro Ambulance Corporation’s (“Rural Metro”) argument for removal did not constitute “complete preemption.”

In Torres v. Wakefield & Assocs., Torres filed a complaint in the New

On January 21, 2021, the United States District Court for the Northern District of Illinois granted TransUnion Data Solutions LLC’s (“Trans Union”) motion for judgment on the pleadings, denying Blue Sobenes’ (“Sobenes”) claims against Trans Union under sections 1681i(a) and 1681e(b) of the Fair Credit Reporting Act (“FCRA”).

In Sobenes v. Transunion Data Sols.,

The Consumer Financial Protection Bureau (“CFPB”) has sounded the alarm on a home security company’s alleged violation of the Fair Credit Reporting Act (“FCRA”). On December 11, 2020, the CFPB announced that it and the Arkansas Attorney General reached a settlement with Alder Holdings, LLC (“Alder”), a Utah-based home security company, for allegedly violating the

In Ellis v. Warehouse Home Furnishings Distribs., Judge Catherine M. Salinas, of the United States District Court for the Northern District of Georgia, granted summary judgment for Warehouse Home Furnishings Distributors, Inc., f/k/a Farmers Furniture Company (“Farmers”), holding that Ellis failed to raise a genuine issue of material fact as to whether “the Farmers

A federal court in Maine recently held that the federal Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681, et seq., preempts burdensome credit reporting restrictions imposed by the Maine Fair Credit Reporting Act.  “By seeking to exclude additional types of information” from consumer credit reports, the court held that “the Maine Amendments

The Supreme Court granted cert in Ramirez v. TransUnion LLC to consider “whether either Article III or Rule 23 permits a damages class action where the vast majority of the class suffered no actual injury, let alone an injury anything like what the class representative suffered.” This development is a welcomed opportunity for clarity in

Midwest Recovery Systems (“Midwest Recovery”), a debt collection company, must cease its alleged debt-parking practices, delete all reported debts, and surrender its remaining assets in partial payment of a $24.3 million monetary judgment, under a stipulated order filed by the Federal Trade Commission (“FTC”) last week. Debt parking, also known as “passive debt collection,” occurs

If you have ever leased an apartment, house, or storefront, you have probably agreed to a background check or asked the applicant to do so. What you may not know is that the process of looking into someone’s background is regulated by state, local, and federal law. Here are five points any landlord, tenant, or