The Fourth Circuit heard argument earlier this week on whether Section 230 of the Communications Decency Act shields on-line data aggregator, PublicData.com, from FCRA liability in a putative class action dismissed last year by a federal judge in Virginia. We previously blogged about the amicus brief filed in the appeal by the CFPB, FTC, and
Credit Reports
CFPB Spring 2022 Supervisory Highlights looks at auto servicing, credit reporting, credit card account management, debt collection, deposits, mortgage origination, prepaid accounts, remittance transfers, and student loan servicing
The CFPB has released the Spring 2022 edition of its Supervisory Highlights. The report discusses the Bureau’s examinations in the areas of auto servicing, consumer reporting, credit card account management, debt collection, deposits, mortgage origination, prepaid accounts, remittance transfers, and student loan servicing that were completed between July 2021 and December 2021. Accordingly, many…
CFPB issues report on consumer complaints involving medical debt; Biden Administration announces actions relating to medical debt
By Michael Gordon & John L. Culhane, Jr. on
Just a little more than a month after issuing a report taking aim at medical debt collections, the CFPB has issued a new report on “Medical billing and collection issues described in consumer complaints.”
The report analyzes debt collection and credit or consumer reporting complaints submitted to the Bureau in 2021 that…
Ninth Circuit draws line on FCRA required disclosures
By Kevin Cordero on
Posted in Credit Reports, Litigation and Court Decisions
In Theresa Tailford, et al. v. Experian Information Solutions, the U.S. Court of Appeals for the Ninth Circuit recently affirmed a district court decision which held that Experian Information Solutions, Inc. did not violate the Fair Credit Reporting Act because none of the information the plaintiffs alleged Experian should have disclosed was subject to…
CFPB files lawsuit against TransUnion and former executive alleging violations of 2017 consent order
By Thomas Burke on
The CFPB has filed a new lawsuit against TransUnion, two of its subsidiaries (TransUnion Interactive, Inc. (TUI) and TransUnion, LLC (TULLC)), and a former TUI executive alleging that the defendants violated the CFPB’s 2017 consent order with the corporate defendants.
The consent order settled the CFPB’s claims that TransUnion had engaged in deceptive marketing of…
CFPB proposes rule for credit reports issued on human trafficking survivors
By Chad Jimenez on
To implement recent amendments to the Fair Credit Reporting Act (FCRA), the Consumer Financial Protection Bureau (CFPB) has proposed a rule intended to assist survivors of trafficking. The rule would establish a way for survivors to submit documentation to consumer reporting agencies (CRAs) identifying any “adverse item of information” about the consumer resulting from human…
CFPB Deputy Director Martinez invites discussion of payday payment plans and credit reporting of medical debts
By Doris Yuen on
CFPB Deputy Director Zixta Martinez recently provided the opening remarks at the CFPB’s Academic Research Council meeting. In her remarks, Martinez emphasized the CFPB’s role as a data-driven agency and welcomed further discussion of state payday extended payment plans and of the inclusion of medical debt in credit reports—two topics that have garnered renewed public…
Equifax, Experian, and TransUnion announce changes in medical debt reporting
By John L. Culhane, Jr. on
Posted in Credit Reports
Equifax, Experian, and TransUnion have announced that effective July 1, 2022, they will no longer include medical debt that was paid after it was sent to collections on consumer credit reports. In addition, the time period before unpaid medical collection debt appears on a credit report will be increased from 6 months to one year.…
Pennsylvania federal district court rules public records vendor is consumer reporting agency subject to Fair Credit Reporting Act
By John L. Culhane, Jr. on
Posted in Credit Reports, Litigation and Court Decisions
A Pennsylvania district court has ruled that a company that provides reports based on a search of public records is a “consumer reporting agency” (CRA) as defined by the Fair Credit Reporting Act.
In McGrath v. Credit Lenders Service Agency, Inc., the plaintiffs applied to a bank for a loan to refinance their home…
CFPB highlights changes in VA medical debt credit reporting practices as precedent for broader healthcare industry
By John L. Culhane, Jr. on
In a blog post, the CFPB reported that the Department of Veterans Affairs (VA) has announced a change to when it will report information on outstanding medical bills to consumer reporting companies.
Under the new VA rule, the VA will only report medical debt that meets all of the following standards:
- The VA has
…