Fair Credit Reporting Act

This NCLC brief seeks leave to file an amicus brief in Brown v. Delhaize Am., L.L.C. (M.D.N.C. Aug. 2014). Food Lion ran a criminal background check on the plaintiff and other job applicants, but failed to follow the requirements of the FCRA. Food Lion claims it is not subject to the FCRA requirements. There is an emerging trend by employers and background checking companies to craft company policy to exploit a potential loophole in the FCRA. This loophole does not exist, is contrary to the purpose of the FCRA, and would be harmful to millions of consumers.

Constitutional Challenge to FCRA Statutory Damages

Private Right of Action; Adverse Action Requirements

FCRA Actual Damages 

Willfulness, Adverse Action Requirements

FCRA Adverse Action Requirements Apply to Insurance Provider

This February 2015 CFPB report reports on a series of consumer focus groups around credit reports and credit scores. The focus groups yielded rich detail about consumers’ experiences and what they know and think about credit reports and scores. This report summarizes what the CFPB heard from consumers and discusses how these findings could shape financial education approaches for consumers.