Statistics for August 2026 consumer litigation filings are in, and the picture is a mixed one: some statutes rose while others fell. Nonetheless, one trend for 2026 is becoming unmistakable: filings remain up substantially across the board compared to the same period last year.
In this episode of the “Point-of-Sale Finance” series, Jason Cover is joined by colleagues Erin Edwards and Simon Fleischmann from Troutman Pepper Locke’s Consumer Financial Services practice to shift the lens from regulatory compliance to litigation risk. The conversation broadens the frame beyond Buy Now, Pay Later (BNPL) to the full point-of-sale credit ecosystem (Pay in 4 products, embedded installment loans, retail installment sales contracts, and private label retail cards), explaining why litigation risk turns less on how a product is marketed and more on what the consumer saw, what they were told, and what happened when something went wrong after checkout.
In this episode of FCRA Focus, host Dave Gettings is joined by Partners Brooke Conkle and Ethan Ostroff to break down the Tenth Circuit’s landmark decision in Ward v. National Credit Systems, Inc., which reversed a $500,000 jury verdict and confirmed that reported information is only actionably inaccurate under Section 1681s-2(b) of the FCRA if it is “objectively and readily verifiable” as inaccurate. The team discusses how Ward fits into a growing circuit court consensus, what it means for furnishers defending identity theft claims at summary judgment, and why consumers will need to bring more than just an FTC identity theft report to support their disputes going forward.
On July 20, the U.S. Court of Appeals for the Tenth Circuit reversed a $500,000 jury verdict against a debt collection furnisher, holding that a consumer cannot prevail on a Fair Credit Reporting Act (FCRA) unreasonable investigation claim without first demonstrating that the disputed information was “objectively and readily verifiable” as inaccurate. In Ward v. National Credit Systems, Inc., the court joined the Second, Fourth, Fifth, and Eleventh Circuits in adopting this standard, resolving a previously open question in the Tenth Circuit and delivering an important victory for furnishers facing FCRA claims rooted in identity theft allegations.
In this episode of FCRA Focus, host Dave Gettings is joined by Elizabeth Holt Andrews to break down a significant new development in California standing law — a recent split between the Fifth Appellate District’s Limon decision and the First Appellate District’s Askins ruling — and what that split means for defendants facing FCRA claims in California state court. Dave and Elizabeth discuss strategic considerations around removal, demurrers, and a critical procedural tool for attacking nationwide class action claims at the pleading stage.
Statistics for May 2026 consumer litigation filings are in, and the picture is essentially the reverse of April. After all three major consumer protection statutes posted month-over-month increases in April, the first time that had happened in over a year, all three declined in May.
On June 25, the U.S. Court of Appeals for the Eighth Circuit issued a decision affirming summary judgment in favor of a consumer reporting agency (CRA) that allegedly issued an inaccurate consumer report by inadvertently including the subject’s twin brother’s speeding ticket in the background check report. The decision provides useful guidance on the standard for “reasonable procedures to assure maximum possible accuracy” under the Fair Credit Reporting Act (FCRA) and the circumstances under which a CRA may rely on official court records without further investigation.
The Consumer Data Industry Association (CDIA) and the Metro 2 Task Force announced that they have approved a new Special Comment Code, DS — Debt Settlement, in response to industry requests for clearer identification of consumer debt settlement activity in credit reporting. An implementation date has not yet been established, but CDIA anticipates that furnishers will be able to begin reporting the DS code in Q2 2027.
Statistics for April consumer litigation filings are in, and, for the first time in over a year, all three of the top consumer protection statutes moved up month-over-month. According to a report by WebRecon, court filings under the Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), and Fair Credit Reporting Act (FCRA) all increased in April compared to March. This is the first time since March 2025 that all three statutes have been up in the same month. Consumer Financial Protection Bureau (CFPB) complaint volume dipped in April, but is still up year-over-year.
In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings are joined by colleague Tim St. George to unpack major legislative developments impacting employment background screening. They discuss New York’s new statewide ban on the use of consumer credit history in most hiring and employment decisions, Virginia’s upcoming requirements for background screening businesses, and emerging federal proposals that could reshape FCRA liability, reseller obligations, and the reporting of criminal and credit information. The conversation highlights notable litigation trends, preemption and First Amendment issues, and practical steps for employers, CRAs, and resellers navigating rapidly evolving state and federal requirements.