Credit Reporting + Data Brokers

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A New York federal judge on April 17 approved a group of former Gawker Media LLC interns’ proposed revised plan to notify potential class members of their rights to opt out of a proposed collective action alleging unpaid wages through social media.  The same Court had previously rejected a social media campaign as being overbroad…

On April 22, the House of Representatives passed a bill requiring the Consumer Financial Protection Bureau to solicit input from several advisory boards and to cap the CFPB’s future funding.

H.R. 1195, the Bureau of Consumer Financial Protection Advisory Boards Act, was adopted in a 235-183 vote, after a House committee earlier adopted…

Advertising agency Campbell-Ewald Co. began sending text messages through its subcontractor, MindMatic LLC, in 2006 as part of a Navy-approved effort to tap new technologies in recruitment campaigns, the company says.  Among the recipients of the message, which began with “Destined for something big? Do it in the Navy,” was the plaintiff who said he…

Passed by a vote of 47-3, the Stop Credit Discrimination in Employment Act bans employers in New York City from using potential employees’ credit histories in making employment decisions.  The bill amends the city’s Human Rights Law to make it an unlawful discriminatory practice to request or use an applicant’s consumer credit history in making…

On April 9, the U.S. Judicial Panel on Multidistrict Litigation ordered that three putative nationwide class actions against Michaels Stores Inc. be centralized in New Jersey.  The actions accuse Michaels Stores of violating the Fair Credit Reporting Act (“FCRA”) by failing to properly notify job applicants that the company would access their credit reports.

Federal…

On April 15, the House Energy and Commerce Committee approved the Data Security and Breach Notification Act by a 29-20 vote.  The bill, H.R. 1770: The Data Security and Breach Notification Act of 2015, was initially backed by Rep. Peter Welch (D-VT) and Rep. Marsha Blackburn (R-TN) but passed along party lines.

The legislation…

On April 6, the Consumer Financial Protection Bureau announced its next Community Bank Advisory Council meeting, which will be held at 3:00 p.m. EDT on April 22 in the CFPB’s offices at 1275 First Street, N.E., in Washington, D.C.  The meeting will focus on credit scores and consumer reporting as well as implications for small…

A federal district court in the Northern District of California recently dismissed a lawsuit filed against Paramount Pictures Corporation challenging its alleged failure to provide job applicants with a background check disclosure form that “consisted solely of the disclosure,” as required by the Fair Credit Reporting Act (“FCRA”).  Specifically, in addition to making the disclosure…

Last week, the Office of the Solicitor General urged the U.S. Supreme Court via amicus brief to deny Spokeo Inc.’s appeal of a Ninth Circuit decision that revived a Virginia man’s proposed class action accusing the “people search engine” of publishing false information about him.

The Solicitor General said Spokeo’s petition for a writ of…

The Consumer Financial Protection Bureau recently issued its Winter 2015 Supervisory Highlights report which provides an overview of the supervision work completed by the CFPB from July through December 2014.  Matters resolved by the CFPB’s Supervision side are non-public in nature and are resolved, not generally through the payment of large fines and penalties, but…