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.
In a recent decision from the Eastern District of Virginia, the court dismissed Fair Credit Reporting Act (FCRA) claims brought by a consumer who never received the vehicle he attempted to purchase with an auto loan. Despite acknowledging the underlying fraud in the transaction, the court held that the dispute over whether the consumer still
Statistics for March consumer litigation filings are in with the Fair Credit Reporting Act (FCRA) again leading the pack in terms of increased litigation filings and the Fair Debt Collection Practices Act (FDCPA) not far behind.
New York has now enacted a statewide ban that, with limited exceptions, prohibits employers from using consumer credit history in hiring and other employment decisions. Effective April 18, 2026, the law amends the state’s General Business Law to make it an unlawful discriminatory practice for most employers to request or rely on an applicant’s or employee’s credit information when making employment decisions.
According to a recent report by WebRecon, court filings under the Telephone Consumer Protection Act (TCPA) were way up for the month. On the other hand, Fair Credit Reporting Act (FCRA) and Fair Debt Collection Practices Act (FDCPA) filings as well as complaints filed with the Consumer Financial Protection Bureau (CFPB) were all down. Nonetheless, everything is still up YTD.
Troutman Pepper Locke partner David Anthony and associate Noah DiPasquale co‑authored a recent article for the American Bar Association’s Litigation Section, “Reasonable Reinvestigation, Not Legal Adjudication: CRAs and Furnishers under the FCRA,” together with Jennifer Sarvadi of Hudson Cook. The piece examines how courts nationwide are refining what counts as a “reasonable” investigation under the Fair Credit Reporting Act’s (FCRA) reasonable procedures and reinvestigation provisions, 15 U.S.C. §§ 1681e(b), 1681i, and 1681s‑2(b).