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Federal agencies: FCRA is constitutional 

Published: May 9, 2012

Tags: Congress, Consumer Financial Protection Bureau, consumer protection, credit reporting agencies, Department of Justice, Fair Credit Reporting Act, Federal Trade Commission, Supremem Court

WASHINGTON – In a joint brief filed in a Pennsylvania district court case challenging the Fair Credit Reporting Act, three federal agencies have urged the court to find the law constitutional.

Old statute used to challenge employment screening 

By: Sylvia Hsieh
Published: February 24, 2012

Tags: class action, credit screening, employment discrimination, Fair Credit Reporting Act, FCRA

There’s been an uptick in class actions over employment screening practices that use consumer reports as grounds for making decisions about job applicants or employees.

The weapon of choice for lawyers who represent employees is a statute that has been around for years but is just beginning to be used in the employment context.

Medical conglomerate settles FCRA class action 

Published: February 24, 2012

Tags: failure to protect, Fair Credit Reporting Act, FCRA, hospital, Illinois, information security, personal health information

The parent company of Christ Medical Center is paying $1.8 million to settle a class-action lawsuit alleging it violated a federal law that safeguards consumer financial information.

Justices to decide if government immune in Fair Credit Act case 

Published: January 17, 2012

Tags: credit cards, Fair Credit Reporting Act, FCRA, sovereign immunity

The U.S. Supreme Court will decide whether the federal government has waived its sovereign immunity with respect to a claim for damages under the Fair Credit Reporting Act.

CONSUMER PROTECTION 

Published: January 17, 2012

Tags: credit cards, Fair Credit Reporting Act, FCRA, sovereign immunity

Has the federal government waived its sovereign immunity with respect to a claim for damages under the Fair Credit Reporting Act?

See “Justices to decide if government immune in Fair Credit Act case”

U.S.
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State credit card claims aren’t preempted 

Published: October 21, 2011

Tags: consumer protection, Fair Credit Reporting Act, preemption

Federal law did not preempt state tort claims against Citibank for taking steps to collect a credit card debt that the company allegedly knew to be due to unauthorized charges, the Montana Supreme Court has ruled in reversing judgment.

Fair Credit Act preempts state claims 

Published: October 5, 2011

Tags: consumer protection, Fair Credit Reporting Act, preemption

Federal consumer protection law completely preempts state claims brought by a borrower who claimed that her bank falsely reported to credit agencies that she was behind on her loan payments, the 7th Circuit has ruled in reversing judgment.

Debt collector liable for double damages 

Published: September 29, 2011

Tags: consumer protection, debt collection, Fair Credit Reporting Act, Fair Debt Collection Practices Act, preemption

A debt collector that sent collection letters concerning obsolete debts to 40,000 individuals could be liable for statutory damages under both federal and state law, the 9th Circuit has ruled in affirming a $225,000 class award.

Fair Credit Act plaintiff can’t sue ‘furnisher’ 

Published: August 1, 2011

Tags: consumer protection, Fair Credit Reporting Act

A consumer could not sue the “furnisher” of allegedly false credit information without first making a complaint to a consumer reporting agency, the 3rd Circuit has ruled in affirming a summary judgment.

Federal law doesn’t preempt patient privacy suit 

Published: June 22, 2011

Tags: consumer protection, Fair Credit Reporting Act

Federal consumer protection law does not preempt a lawsuit alleging that a debt collector violated state law by disclosing confidential patient information to credit reporting agencies, the California Supreme Court has ruled in reversing a dismissal.