The District of Columbia’s Medical Debt Mitigation Amendment Act of 2026 is now law, even without the mayor’s blessing. According to a post by Accounts Recovery, Mayor Muriel Bowser returned Bill 26-0438 to Council Chairman Phil Mendelson unsigned, but the bill passed into law automatically upon her refusal to sign it.
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.
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.
Virginia is implementing a new Business Screening Services (BSS) program that will significantly change how private background screening companies handle Virginia criminal and traffic history records.
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
In this episode of The Consumer Finance Podcast, Chris Willis talks with Dan Smith, president and CEO of the Consumer Data Industry Association, about current challenges and changes in the U.S. consumer reporting system. They discuss how reliable credit information supports fair lending decisions and helps lenders understand a borrower’s ability to repay. The conversation touches on rising FCRA litigation, new state efforts affecting what can appear on credit reports — especially medical debt — and the growing issue of “credit washing,” where large volumes of questionable disputes can hide accurate information and slow resolution of real errors. The episode also highlights the importance of working with regulators and policymakers to preserve a nationwide credit reporting system that is complete, accurate, and consistent in supporting responsible lending and access to credit.
On May 6, several Senate Democrats sent letters to three nationwide consumer reporting agencies (CRAs) requesting detailed information about how Buy Now, Pay Later (BNPL) loans are being handled in consumer reporting. The letters, led by Senator Elizabeth Warren (D‑MA), follow a prior set of information requests made in November 2025 to BNPL providers about whether and how they furnish BNPL data to CRAs.