Hiring decisions are among the most important choices for any employer, but the process can be complex. For the first time, the Federal Trade Commission (FTC) and the Equal Employment Opportunity Commission (EEOC) have jointly issued two short guides on employment background checks that explain the rights and responsibilities of both employers and employees, while
Credit Reporting + Data Brokers
Consero Financial Services and Insurance Litigation Forum – Miami, FL – May 18-20, 2014
Consero’s 2014 Financial Services and Insurance Litigation Forum will be held May 18-20, 2014 at the Trump National Doral Miami in Miami, FL. Join Troutman Sander’s lawyer, Ashley Taylor at the forum. Consero’s 2014 Financial Services and Insurance Litigation Forum will address current and looming legal and business challenges faced by today’s Chief Litigation Officers…
Recent FTC Report and CFPB Bulletin Highlight Importance of Investigating Identity Theft Claims
A report issued by the Federal Trade Commission (FTC) and a bulletin issued by the Consumer Financial Protection Bureau (CFPB) both highlight the continued federal regulatory interest in endemic identity theft as well as the significant risk to businesses that fail to address complaints related to identity theft.
The FTC’s Report on the Top Categories …
FTC Commissioner Advocates for New Data Broker Legislation
In a lecture at Princeton University last week entitled “Big Data and Consumer Privacy: Addressing Challenges and Finding Solutions,” the Federal Trade Commission’s Julie Brill joined others in calling for Congress to enact new legislation covering data brokers, in particular to improve commercial privacy laws regarding how and what personal information is collected.
Commissioner Brill…
Third Circuit Exposes Furnishers to Significant FCRA Liability
In a published opinion on February 21, 2014, a unanimous panel of the Third Circuit in Seamans v. Temple University held that, even if information provided by a furnisher in response to a consumer’s dispute received from a consumer reporting agency (CRA) is technically correct, it may nonetheless be inaccurate in violation of the Fair…
CFPB’s Consumer Advisory Board Meeting to Discuss Credit Reporting Market
On February 26-27, the Consumer Advisory Board (CAB) will be meeting in Washington, D.C., on a variety of topics, including the credit reporting market and managing consumer credit.
Richard Cordray will speak at a public session of CAB on February 27, where he is expected to focus on protecting consumer credit profiles. There will…
Bill Targeting Data Brokers Introduced in the Senate
On February 12, the Data Broker Accountability and Transparency Act of 2014 was introduced in the United States Senate by Jay Rockefeller (D-W.Va.) and Edward Markey (D-Mass.) in an effort to lift the “veil of secrecy” behind data collection by ensuring accuracy and accountability for consumers. The legislation would empower the Federal Trade Commission to…
Ninth Circuit Holds that Plaintiff has Alleged Adequate Constitutional Standing Under FCRA Based on Claimed Statutory Violations
On February 4, 2014, the United States Court of Appeals for the Ninth Circuit reversed the decision of the district court, which had previously dismissed a lawsuit under the Fair Credit Reporting Act (FCRA) due to the plaintiff’s lack of Article III standing. If adopted more widely, the Ninth Circuit’s decision could create an additional…