Consumer Reporting

This article explains private enforcement of new credit reporting rights provided consumers by the CARES Act. The article details when the rights are applicable, how creditors must implement those rights, steps consumers can take to enforce those rights, and special enforcement rights for California consumers.

As discussed in this article, a March 25 Eleventh Circuit ruling is a strong pro-consumer decision on five different fronts. A furnisher’s “data conformity review” is an FCRA violation as a matter of law. The holding also addresses the FCRA “willfulness” standard, and punitive and emotional distress damages under the FCRA. The ruling is even relevant to the bona fide error defense under the FDCPA.

As detailed in this article, a March CFPB report sets out serious problems uncovered by exams at the Big Three consumer reporting companies and details significant new reforms that these companies must implement to protect consumers.

As described in this article, two dramatic changes to consumer credit reporting become effective this summer, scaling back reporting of tax liens, civil judgments, and medical debt. The result will be improved accuracy and higher credit scores for millions of consumers.

2019 decisions from three circuit courts exempt data gatherers from the Fair Credit Reporting Act (FCRA). This article explains that these firms should be careful what they wish for, as FCRA preemption no longer applies and they become subject to potentially powerful state laws.