On January 7, the United States Court of Appeals for the Ninth Circuit reversed and remanded the district court’s decision to grant a plaintiff’s motion to remand and kept a putative employment class action against trucking company Knight Transportation Inc. in federal court. In so doing, the Ninth Circuit held that defendants trying to establish
Genesis Healthcare Hit with Background Check Class Action on Theory that Adverse Action Occurs When Consumer Reporting Agency Provides Background Check Review Services
On January 7, 2015, Genesis Healthcare became one of the most recent companies to face a class action lawsuit under the FCRA based on its background check practices. This lawsuit should serve as a reminder to companies to verify that their procedures for obtaining and using background checks comply with the FCRA’s disclosure and adverse
Oregon AG Calls for Stricter Data Breach Laws
On December 10, Oregon Attorney General Ellen Rosenblum proposed more rigorous requirements for companies to disclose data breaches that expose consumers’ personal information. Testifying before the Oregon joint Senate and House Judiciary Committee, Rosenblum called on the Oregon legislature to update the state’s data breach law and to extend data breach enforcement and notification to
GAO Releases Annual Report on Dodd-Frank Regulations
Last month, the Government Accountability Office (GAO) released its annual report on financial services regulations entitled “Dodd-Frank Regulations: Regulators’ Analytical and Coordination Efforts.”
According to this report, federal financial regulators— Consumer Financial Protection Bureau, Board of Governors of the Federal Reserve System, Federal Deposit Insurance Corporation, Office of the Comptroller of the Currency, National Credit
District Court Certifies FCRA Background Check Disclosure and Adverse Action Class Action
On October 31, a United States District Court certified a Fair Credit Reporting Act class action involving claims that an employer procured a background check through an improper disclosure form and took adverse action without following the proper adverse action protocol. Although the Court’s decision did not address the merits of the case, the Court
New FCRA Background Check Class Action Reminds Employers to Double Check Their Disclosure Forms
On December 4, Whole Foods was added to the long list of employers that have been hit with nationwide class action lawsuits under the FCRA based on their background check practices. This lawsuit should serve as another reminder to employers to verify that their background check practices comply with the Fair Credit Reporting Act.
Prior
CFPB Turns Its Focus to Medical Debt Collection
On December 11, the Consumer Financial Protection Bureau released a report and accompanying press release regarding the intersection of medical debt and credit reporting. This report reveals the staggering impact medical debt has on the credit reports of millions of Americans.
The CFPB views medical debt as unique among debts because of the unpredictability by
Troutman Partner to Co-Chair ACI Cyber Security & Data Privacy Conference
On January 15-16, 2015, the American Conference Institute (ACI) will host the 15th installment of the acclaimed Global Legal & Compliance Forum on Cyber Security & Data Privacy and Protection at the Washington Plaza Hotel in Washington, D.C. This is a premier event for privacy officers, in-house counsel, senior executives, and outside attorneys specializing
Ohio Court Holds That Cell Phone Subscriber Who Never Received Unwanted Call Has Standing to Sue Under the TCPA
In the latest of a series of “whodunit” cases, the United States District Court for the Southern District of Ohio held that a subscriber who did not answer a single call that allegedly violated the Telephone Consumer Protection Act still had standing to sue under the statute. In Maraan v. Dish Network LLC (Civil Action
CFPB Requires Major Credit Reporting Agencies to Inform on Furnishers
On December 11, 2014, the Consumer Financial Protection Bureau (CFPB) issued a report and announced that it will be requiring major credit reporting agencies (CRAs) to provide regular reports to the CFPB identifying, by name, potentially problematic furnishers of information. In other words, the CFPB will be co-opting the major CRAs into helping the CFPB