Credit Reporting + Data Brokers

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On May 5, 2016, the CFPB announced proposed rules that would further restrict the ability of financial institutions to enter into mandatory arbitration clauses with consumers, including an outright ban on provisions that would prohibit consumers from pursuing class actions in court. The proposed rules do not forbid all mandatory arbitration clauses, however. Financial institutions…

On March 29, in Hall v. Phenix Investigations, Inc., No. 15-10533,  2016 U.S. App. LEXIS 5786 (5th Cir. Tex. Mar. 29, 2016), the United States Court of Appeals for the Fifth Circuit affirmed dismissal of an action alleging claims under the Fair Credit Reporting Act (“FCRA”) and Fair Debt Collection Practices Act (“FDCPA”).  The …

In March, the Supreme Court, in a 6-2 decision, held in Tyson Foods, Inc. v. Bouaphekeo that the district court did not err in certifying and maintaining a class of employees who alleged violations of the Fair Labor Standards Act, notwithstanding the employees’ reliance on “representative evidence” to determine the number of additional hours …

In Jones v. Sterling Infosystems, 1:14cv3076 (S.D.N.Y. 2016), the district court recently denied class certification against a background screening company that was alleged to have violated 15 U.S.C. § 1681k(a) by not sending out the notice envisioned under § 1681k(a)(1) at the time that criminal record information was transmitted to employers. 

The court denied …

In Ritchie v. Northern Leasing Systems, Plaintiff alleged twelve “myriad causes of action” ranging from civil RICO claims to federal fair credit statutes arising from Plaintiff’s lease of certain business equipment from Defendants.  Plaintiff Patricia Ritchie applied for credit card processing services and a credit card machine for her business through a company called …

In Chen v. Allstate Insurance Co., the Ninth Circuit became one of the first courts to address a significant question left open by the Supreme Court’s recent decision in Campbell-Ewald.  Specifically, the Ninth Circuit considered whether a defendant could moot a plaintiff’s class claims by making an offer of judgment for complete relief, …

On April 13, the House Financial Services Committee approved a bill by a 33-20 vote that is intended to end direct funding of the CFPB by the Federal Reserve and require the Bureau to be subject to the regular congressional appropriations process.  This Committee joins others in approving similar measures that would institute a variety …

Judge Beth Labson Freeman for the United States District Court for the Northern District of California recently joined numerous other courts across the country in staying a putative FCRA class action pending the outcome of the Supreme Court’s decision in Spokeo Inc. v. Robins.

The underlying action in the California court challenged the defendant’s…

Commissioner Julie Brill with the Federal Trade Commission recently announced that she will step down at the end of this month to enter private practice. 

Brill was appointed by President Obama and sworn in on April 6, 2010.  Prior to joining the FTC, Brill was the Senior Deputy Attorney General and Chief of Consumer Protection …

On February 29, the Supreme Court denied certiorari review in Mullins v. Direct Digital, LLC, No. 15-1776.  The Mullins decision, which arose out of the Seventh Circuit, created a circuit split with the Eleventh and Third circuits with respect to the implicit “ascertainability” requirement that those two circuits had found precluded class certification.  …