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McGlinchey Stafford

FCRA Action Dismissed for Lack of Standing and Failure to State a Claim

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In July 2024, the United States Court for the District of Massachusetts dismissed a pro se litigant’s claims against Experian Information Services LLC (Experian), TransUnion LLC (TransUnion), and Equifax Information...more

McGlinchey Stafford

FCRA Claims Against Credit Reporting Agencies: NY Court Emphasizes Minimal Pleading Requirements

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On June 6, 2024, the United States District Court for the Eastern District of New York dismissed claims for violations of the Fair Credit Reporting Act (FCRA)—15 U.S.C. §§ 1681e(b) and 1681i in particular—against a credit...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #376 – Credit Reporting Agencies Extend Program to Check Credit Report Weekly for Free

Credit reporting agencies TransUnion, Experian, and Equifax have extended their programs to provide consumers with the ability to access their credit reports for free on a weekly, rather than yearly, basis....more

Troutman Pepper

Key Takeaways From the New Onslaught of FCRA Filings

Troutman Pepper on

Following an unprecedented year, lawsuits under the Fair Credit Reporting Act continue to be filed with ever-increasing frequency and consequence. Originally published in Law360 on January 28, 2022. ...more

Ballard Spahr LLP

Equifax/TransUnion to include buy-now-pay-later transactions in credit reports

Ballard Spahr LLP on

American Banker has reported that beginning in the next few weeks, Equifax will add a business industry code for buy-now-pay-later (BNPL) transactions to allow such transactions to appear on credit reports.  It also reported...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #276 – Free Weekly Credit Reports Offered by Credit Reporting Agencies

The best way to find out if you have been the victim of identity theft and to determine what accounts may have been opened in your name by criminals is to get a copy of your credit report....more

Womble Bond Dickinson

Fifth Circuit Affirms Dismissal FCRA Claims Based on Failure to Include a Single Credit Item on Credit Reports

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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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending September 13, 2019

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Real Property Update - Lost Note / Standing: differences in initial plaintiff's name in initial complaint and chain of assignments attached to amended complaint cast doubt on plaintiff's standing to enforce lost note and...more

Womble Bond Dickinson

Equifax Settles FCRA Claims Related to Reporting of Civil Judgments and Tax Liens

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As part of its business, Equifax reports publicly available civil judgment and tax lien information about consumers. However, in multiple class action lawsuits filed across the United States, plaintiff-consumers alleged that...more

Womble Bond Dickinson

Equifax Dodges FCRA Claims From 2017 Data Breach

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In 2017, Equifax, one of the three major credit reporting agencies, revealed a breach that could have compromised the data of 143 million consumers. This data breach led to a multitude of lawsuits against Equifax, including...more

Womble Bond Dickinson

What’s Up Doc with Medical Records in FCRA Cases?

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Are medical records discoverable in FCRA cases? Like most legal questions, it depends. The Northern District of California recently grappled with this issue in the case of Prado v. Equifax Information Services LLC, No....more

Robinson+Cole Data Privacy + Security Insider

Federal Legislation Enables Consumers to Obtain Security Freezes on Credit Reports Free of Charge

Federal legislation recently took effect that prohibits consumer reporting agencies from charging a fee to place or remove (lift) a security freeze on a consumer credit report in response to a consumer request. ...more

Womble Bond Dickinson

What’s a “Reasonable” Reinvestigation: Defining Consumer Reporting Agency Obligations Under FCRA

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Last week, the District Court for Colorado offered important insight into what it means for consumer reporting agencies to conduct a “reasonable reinvestigation” into a dispute. In Thomas v. Hyundai Capital Am., the plaintiff...more

Womble Bond Dickinson

Check Your Sources: a “Source” is Likely the Entity that Directly Provides the Information to the Credit Reporting Agency

Womble Bond Dickinson on

In Shimon v. Equifax Info. Servs. Llc, No. 18-cv-2959 (BMC), 2018 U.S. Dist. LEXIS 174665 (E.D.N.Y. Oct. 8, 2018), the court held that for purposes of 15 U.S.C. § 1681g, the “source” of information is the party that provides...more

Ballard Spahr LLP

Proposed Credit Reporting Changes Pass House With Mixed Reviews

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Consumer advocacy groups are questioning the purported benefits of H.R. 435 the “Credit Access and Inclusion Act of 2017,” a bill that passed with bipartisan support in the House of Representatives in June, and is currently...more

Brownstein Hyatt Farber Schreck

California Proposes New Liability Regime for Companies That Deal in Credit Reports

The California Legislature is considering enacting Assembly Bill 1859 (“AB 1859”), which would impose substantial new security obligations on consumer credit reporting agencies and companies that contract with such agencies....more

Patterson Belknap Webb & Tyler LLP

The Equifax Breach Continues to Rage

Six months after a massive data breach at credit reporting company Equifax, Inc. handed hackers the personal information of nearly 150 million Americans, the fallout continues. Equifax first disclosed in September that...more

Ballard Spahr LLP

CFPB reportedly puts investigation of Equifax on ice while other government agencies press forward

Ballard Spahr LLP on

Equifax announced on September 7, 2017 a massive data breach affecting an estimated 143 million consumers. Richard Cordray, the then Director of the CFPB, shortly thereafter authorized an investigation according to several...more

Manatt, Phelps & Phillips, LLP

Equifax Fallout Continues, Spreads Across Industry—and Pond

The fallout from the Equifax data breach continues, reaching other credit reporting companies and all the way across the Atlantic Ocean. What happened - In early September, Equifax disclosed that roughly 145 million...more

Carlton Fields

Jump in Credit Scores Means Dip in Underwriting Predictability

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Underwriters that rely on popular credit-scoring models like FICO and VantageScore to assess risk may have noticed that some consumer credit scores jumped recently. The nationwide credit reporting agencies, Equifax Inc.,...more

Ballard Spahr LLP

State AGs ask Experian to waive credit freeze fees

Ballard Spahr LLP on

An Assistant Illinois Attorney General, in a letter sent to Experian’s CEO on behalf of the Illinois AG and the AGs of 35 other states and the District of Columbia, has asked Experian not to charge any credit freeze-related...more

Patterson Belknap Webb & Tyler LLP

Equifax Mea Culpa: Too Little, Too Late?

Equifax Inc.’s interim CEO, Paulino do Rego Barros Jr., issued the company’s second public apology this morning for the massive data breach that has affected as many as 143 million U.S. consumers....more

Patterson Belknap Webb & Tyler LLP

Equifax Week Two: Hack Headaches Continue

The barrage of bad news for Equifax Inc. keeps getting worse. Here’s a recap of yesterday’s events: ? Mass AG Files Lawsuit – In the first enforcement action filed against Equifax Inc., the Massachusetts Attorney General...more

Patterson Belknap Webb & Tyler LLP

Equifax Data Suppliers Urged by DFS to Give Hack “Highest Degree of Attention”

Yesterday, New York’s top financial regulator asked state-chartered banks and insurers to take immediate precautions to protect consumers and the financial markets “in light of the cybersecurity attack” at Equifax Inc....more

Patterson Belknap Webb & Tyler LLP

Equifax Week Two: It Keeps Getting Worse

The drumbeat of bad news continues for credit monitoring agency Equifax Inc., after its disclosure on September 7th of a massive data breach – compromising Social Security numbers, dates of birth and other personally...more

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