The District of Arizona recently granted a Spokeo motion filed by CenturyLink, holding that plaintiff Lydia Bultemeyer lacked standing to bring a purported class action under the Fair Credit Reporting Act.
In her suit, Bultemeyer alleged that CenturyLink violated the FCRA when it accessed her credit report when she visited the company’s
Join Us at the NAPBS 2017 Mid-Year Legislative & Regulatory Conference
We are pleased to announce that Troutman Sanders partners David Anthony, Cindy Hanson, Ron Raether, and Ashley Taylor will be featured panelists at the National Association of Professional Background Screeners (“NAPBS”) 2017 Mid-Year Legislative & Regulatory Conference to be held March 20-21 in Arlington, Virginia.
In an interview-style format, David will have
CFPB Issues Monthly Complaint Snapshot on Credit Reporting
On February 28, the Consumer Financial Protection Bureau released its monthly snapshot highlighting consumer complaints about credit reporting. A copy of the CFPB’s report can be found here.
Debt collection, student loan, and credit reporting were the top three most-complained about consumer financial products and services, representing about 60 percent of complaints submitted in
TransUnion Agrees to Settlement with CFPB
Late last year, TransUnion agreed to pay approximately $17 million as part of a settlement with the Consumer Financial Protection Bureau in connection with TransUnion’s advertising and marketing practices. The settlement stems from a civil investigative demand that addressed TransUnion’s common industry practices relating to the advertising, marketing, and sale of consumer reports, credit scores,
Third Circuit Finds Consumer Standing in FCRA Data Breach Litigation
On January 20, the Third Circuit in In re Horizon Healthcare Services Data Breach Litigation reversed a district court’s dismissal of a lawsuit under the Fair Credit Reporting Act involving a data breach at Horizon Healthcare. The Third Circuit held that the plaintiffs had standing to pursue their claims under the FCRA without any accompanying
Ninth Circuit Agrees to Remand Action to State Court Based on Spokeo
The Ninth Circuit in Medellin v. IKEA U.S. West Inc. recently remanded a plaintiff’s appeal to the district court with instructions to dismiss the case after the plaintiff admitted that she lacked Article III standing to proceed in federal court.
As background, Rita Medellin’s class action complaint alleged that IKEA violated the Song-Beverly Credit Card
Plaintiff Has Standing in FCRA Class Action Suit, Says Pennsylvania Magistrate Judge
On January 18, a United States magistrate judge for the Middle District of Pennsylvania opined that a plaintiff has standing under Spokeo to pursue his Fair Credit Reporting Act class action complaint in federal court.
In Miller v. Trans Union LLC, plaintiff Ronald J. Miller alleges that Trans Union violated section 1681g(a) of
Federal Court Grants Temporary Injunction to FTC Over Credit Bureau Center’s Allegedly Fraudulent Practices
On January 10, the FTC filed a complaint in the U.S. District Court for the Northern District of Illinois against Credit Bureau Center LLC and three individuals for allegedly luring consumers into signing up for credit monitoring services using fake rental property ads and offers of free credit reports.
The complaint alleged that all the
District Court Finds That “Complete and Up to Date” Requirement of FCRA § 1681K Does Not Include an Accuracy Component
A consumer reporting agency complies with § 1681k(a)(2) of the Fair Credit Reporting Act (“FCRA”) if it “maintain[s] strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer’s ability to obtain employment is reported it is complete and up to date.” In Kelly v.
Arkansas AG Files Suit Against Credit Repair Organization
On December 20, Arkansas Attorney General Leslie Rutledge filed a consumer protection lawsuit in the United States District Court for the Eastern District of Arkansas against Florida-based Capital Credit Solutions Inc. and Willie J. McKenzie for alleged violations of the Federal Credit Repair Organization Act, the Arkansas Deceptive Trade Practices Act, and the Arkansas Credit