On November 10, 2022, the CFPB published a circular addressing perceived problems with the Consumer Reporting Agencies (“CRAs”) and furnishers handling of disputes. See Circular 2022-07.
As is well-known, the FCRA...more
The United States District Court for the Eastern District of North Carolina recently provided a good reminder of the applicable standards for both a Rule 12(b)(6) motions based on a statute of limitations defense and motion...more
On April 29, 2021, the FTC announced a $20 million settlement with Vivint Smart Home, Inc. (Vivint), a national seller of in-home security and monitoring systems, based on violations of the Fair Credit Reporting Act, the FTC...more
On February 1, 2021, the Southern District of New York denied Jason Wimberley’s motion to file a second amended complaint finding that despite the liberal standard applied to pro se pleadings, his proposed second amended...more
On December 22, 2020, the Consumer Financial Protection Bureau (“CFPB”) reached a $4,750,000 settlement with automobile lender Santander Consumer USA Inc. in connection with its alleged failure to accurately report its...more
In Domante v. Dish Networks, L.L.C. (“Dish”), the Eleventh Circuit examined permissible purposes for obtaining a credit report.
Plaintiff-Appellant Peri Domante was the apparent victim of identity theft. In 2011 and 2013,...more
In Hammer v. Equifax, the Fifth Circuit affirmed the district court’s dismissal of FCRA claims against Experian and Equifax in a September 9, 2020 published decision.
Accepting the allegations of the twice amended...more
The United States House of Representatives recently passed H.R. 5332, the Protecting Your Credit Score Act of 2020. The Act would amend FCRA is several respects. The overall purpose of the Act is to “ensure that consumer...more