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Fair Credit Reporting Act (FCRA) Lenders

Ballard Spahr LLP

Chopra Defends CFPB’s Medical Debt Proposed Rule

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CFPB Director Rohit Chopra on Thursday defended his agency’s proposed rule to prohibit the listing of medical debt on credit reports, contending that such debts are not a fair indication of a person’s financial health....more

Ballard Spahr LLP

CFPB alleges dark patterns in suit against fintech peer-to-peer lender

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On May 17, 2024, the Consumer Financial Protection Bureau (“CFPB”) filed suit against an online lending platform, alleging, among other things, the use of dark patterns to induce consumers to pay tips and donations,...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Department of Agriculture Rural Development Rural Housing Service v. Kirtz

On February 8, 2024, the U.S. Supreme Court decided Department of Agriculture Rural Development Rural Housing Service v. Kirtz, No. 22-846, affirming the decision below and holding that a governmental agency is not immune...more

Orrick, Herrington & Sutcliffe LLP

District Court: Plaintiff has standing but still dismisses FCRA case

On January 19, the U.S. District Court for the District of New Jersey granted a bank’s motion to dismiss an FCRA case. According to the opinion, after plaintiff’s credit report revealed monthly payments towards previously...more

Troutman Pepper

9 Consumer Finance Issues to Note From CFPB Report

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In July, the Consumer Financial Protection Bureau published a report highlighting various unfair, deceptive, and abusive acts or practices it claims to have uncovered during its supervisory examinations from July 2022 to...more

Womble Bond Dickinson

Consumer Financial Protection Bureau Finalizes Rule for Small Business Data Collection and Expands List to Exempt Lending Products...

Womble Bond Dickinson on

The Consumer Financial Protection Bureau (CFPB) issued its final rule on March 30, 2023, under Section 1071 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Section 1071 is an amendment to the Equal Credit...more

Sheppard Mullin Richter & Hampton LLP

Lead Generator Settles with FTC Over Alleged FCRA and FTC Act Violations

On January 7, the FTC announced that a California-based lead generator agreed to settle with the FTC for $1.5 million to resolve allegations that through a number of its subsidiaries, the company induced consumers into...more

Ballard Spahr LLP

Federal district court concludes FCRA does not require consumer reporting agencies to verify legitimacy of end users’ businesses

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A Florida federal district court has dismissed a lawsuit filed by a borrower alleging FCRA violations by Clarity Services, Inc. (Clarity), the consumer reporting agency that provided the borrower’s consumer report to her...more

Burr & Forman

Eleventh Circuit Emphasizes Consumer’s Burden of Establishing Lender’s Unreasonability to Sustain Willfulness Claim Under the FCRA

Burr & Forman on

On July 6, 2021, the Eleventh Circuit issued a per curiam opinion affirming the Southern District of Alabama’s entry of summary judgment in the lender’s favor on a plaintiff’s claim under the Fair Credit Reporting Act...more

Troutman Pepper

2020 Consumer Financial Services Year in Review & A Look Ahead

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2020 was a transformative year for the consumer financial services world. As we navigate an unprecedented volume of industry regulation, Troutman Pepper is uniquely positioned to help its clients find successful resolutions...more

Goodwin

SEC Finalizes Reforms Under Investment Advisers Act

Goodwin on

In this Issue. The Securities and Exchange Commission (SEC) finalized reforms under the Investment Advisers Act to modernize rules that govern investment adviser advertisements and payments to solicitors, and published a risk...more

Goodwin

ISS Publishes 2021 Proxy Voting Guidelines

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In the News. Institutional Shareholder Services (ISS) published its proxy voting guidelines updates for 2021, which include new and updated voting recommendations on federal forum and exclusive forum provisions in companies’...more

Womble Bond Dickinson

RECAP: Changes to the Fair Credit Reporting Act in the Wake of the Unprecedented COVID-19 Pandemic

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With over 22 million Americans currently out of work, the COVID-19 pandemic has proven to be both a global health crisis and a period of economic instability. Over the past few weeks, a number of new regulations have been...more

Carlton Fields

Financial Services Update: Week Ending September 6, 2019

Carlton Fields on

Financial Services Update - TCPA / ATDS: lender's dialer equipment not an ATDS because it is not capable of generating and dialing random or sequential numbers - Brown v. Ocwen Loan Serv. LLC, No. 8:18-cv-136-T-60AEP (M.D....more

Blank Rome LLP

Ninth Circuit Holds That Fannie Mae Is Not a Consumer Reporting Agency under FCRA

Blank Rome LLP on

The United States Court of Appeals for the Ninth Circuit held that Fannie Mae is not a “consumer reporting agency” under the Fair Credit Reporting Act (“FCRA”). Accordingly, Fannie Mae was not liable to borrowers for alleged...more

Womble Bond Dickinson

Take a Load off, Fannie: Ninth Circuit Finds Fannie Mae is not a CRA

Womble Bond Dickinson on

When Robbie Robertson wrote the well-known lyrics to The Band’s song “The Weight,” the “Fannie” referenced in the chorus was certainly not Fannie Mae (the Federal National Mortgage Association.) However, this week the United...more

Womble Bond Dickinson

Undisputed? Allegations of Inconsistent Communications from Auto Lender Survive Motion to Dismiss

Womble Bond Dickinson on

In Hindle v. Toyota Motor Credit Corporation, 2018 WL 6033484 (D. Mass. Nov. 16, 2018), Plaintiffs alleged that they wanted to own their Prius rather than continue to lease it in order to lower their monthly payments....more

McAfee & Taft

Immediate action required for all employers using background checks

McAfee & Taft on

On September 12, 2018, the Consumer Financial Protection Bureau (CFPB) issued an interim final rule updating two model disclosure forms to reflect changes made to the Fair Credit Reporting Act (FCRA) by the Economic Growth,...more

Kilpatrick

Key Provisions of the Recently Enacted Consumer Protection Legislation

Kilpatrick on

Changes Impact Credit Reporting, Veteran Lending, and Private Student Lending, Among Other Areas - On May 24, 2018, President Trump signed the Economic Growth, Regulatory Relief, and Consumer Protection Act (the Act) into...more

BakerHostetler

Financial Services 2017 Year-End Report

BakerHostetler on

Welcome to the 2017 Year-End Report from our financial services industry team. We are pleased to share our analysis of some of the key developments in the financial services industry in 2017 and our expectations for 2018. ...more

Bradley Arant Boult Cummings LLP

2017 in Review: Three State Enforcement Trends Impacting the Auto Finance Industry

Auto lenders, like many private citizens, began 2017 curious as to what change the impending Trump administration would bring. In the landscape of government enforcement, however, the consensus amongst industry participants...more

BakerHostetler

CFPB Releases Fall 2015 Report Touting Recovery of Millions Through Supervisory Actions

BakerHostetler on

On November 3, the Consumer Financial Protection Bureau (CFPB) released its fall 2015 supervisory report concerning enforcement actions from May 2015 through August 2015. The Bureau highlights violations in the mortgage...more

Baker Donelson

A Treasure Trove: Publication of Complaint Data by the CFPB

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The CFPB complaint database was created with altruistic intentions. They envisioned a tool that consumers could use to search a downloadable database for research on a product or specific lender, just as they would research...more

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