Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our clients as well as employers and consumer reporting agencies generally.

• The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) temporarily amends the Fair Credit Reporting Act (FCRA). Section 4021 of the CARES Act amends furnisher obligations under Section 623(a)(1) of the FCRA for the duration of the “covered period” of the pandemic. The CARES Act provides that if an accommodation is made for a consumer affected by COVID-19, such as delayed or reduced payments, a furnisher making a credit report to a consumer reporting agency should report the credit obligation as “current” so long as the consumer satisfies the accommodation by, for instance, making the delayed or reduced payments. Click here to read the CARES Act.
• The Consumer Financial Protection Bureau (CFPB) released a Statement on Supervisory and Enforcement Practices Regarding the Fair Credit Reporting Act and Regulation V in Light of the CARES Act. The purpose of the policy statement is to inform credit reporting companies and furnishers that the CFPB will take a flexible approach to enforcement during the coronavirus pandemic. The policy statement provides that the CFPB expects furnishers of credit data to comply with the CARES Act. The policy statement also provides that the CFPB does not intend to bring enforcement actions against a consumer reporting agency or furnisher making good faith efforts to investigate consumer disputes as quickly as possible, even if the dispute investigations take longer than the 30-day statutory timeframe due to the challenges of the coronavirus pandemic. The challenge here, of course, is that this guidance is not binding on the CFPB nor does it apply to private litigants. Click here to read the policy statement.
• President Trump issued a proclamation suspending entry of immigrants into the United States for 60 days beginning on April 23, 2020. The suspension only applies to (i) aliens who are outside the United States on the effective date of the proclamation; (ii) aliens who do not have an immigrant visa that is valid on the effective date of the proclamation; and (iii) aliens who do not have an official travel document other than a visa that is valid on the effective date of the proclamation or issued on a date thereafter. The suspension applies only to those outside the United States who do not have an immigrant visa, impacting those seeking entry as permanent residents under the diversity visa program as well as employment- and family-based categories. It does not apply to anyone seeking entry as a non-immigrant and it does not appear to apply to those with a pending application for lawful permanent resident status with U.S. Citizenship and Immigration Services. There are exceptions to the bar, including that the proclamation does not apply to those seeking entry into the U.S. on an immigrant visa as a healthcare professional, to perform medical research, or to perform work essential to combating and recovering from the effects of the COVID-19 outbreak nor to those applying for a visa to enter the U.S. pursuant to the EB-5 Immigrant Investor Program. Click here to read the proclamation and click here a breakdown of the proclamation.
• The California Office of the Attorney General will not delay the enforcement date of the California Consumer Privacy Act (CCPA) in light of the strain the coronavirus pandemic has put on businesses. Last month, a coalition of businesses asked for the enforcement of the CCPA, which is set to begin on July 1, 2020, to be delayed. The Attorney General acknowledged their concerns, but declined to delay enforcement, claiming that data privacy is particularly important during this time of emergency. Click here to read more.
• United States Citizenship and Immigration Services (USCIS) is preparing to reopen offices on or after June 4, 2020. On March 18, 2020 USCIS temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of COVID-19. Click here to read more.
• The popular video and telecommunications provider, Zoom, has faced criticism for its privacy and security practices as businesses, schools, and other organizations operating virtually during the coronavirus pandemic increase use of the platform. Zoom users have reported uninvited attendees “Zoom-bombing” their virtual meetings by posting offensive content. A putative class action has been filed against Zoom in California alleging privacy violations under the California Consumer Privacy Act (CCPA). In response to complaints, Zoom has released the Zoom 5.0 update which includes updated security features such as the ability to quickly lock meetings, remove participants, restrict screen sharing, and also enables passwords to be set for meetings by default. Click here and here to read more.