The Consumer Bankers Association (“CBA”) recently published a letter it sent to the CFPB describing the information that banks typically use for identity verification and fraud prevention and addressing the impact of subjecting such information to the requirements of the Fair Credit Reporting Act (“FCRA”).

The letter is a response to CFPB Director Chopra’s recent remarks detailing proposed changes to the FCRA.… Continue Reading

Pointing to a growth in consumer complaints related to crypto-assets, on November 10th, 2022, the Consumer Financial Protection Bureau (the “CFPB”) released a Complaint Bulletin, which analyzed in excess of 8,300 consumer complaints that the CFPB had received related to crypto-assets.  The CFPB reviewed complaints submitted to it during the period of October 2018 to September 2022, but noted that the majority of the complaints it received were submitted over the last two years, with the greatest number of complaints submitted by consumers in California and Florida.… Continue Reading

The FCC has issued a Report and Order and Further Notice of Proposed Rulemaking (Order) adopting new rules to allow voice service providers to proactively block calls from certain numbers that are suspected to be fraudulent. The November 16 Order seeks to prevent fraud or identity theft that often accompanies calls which “spoof” or manipulate Caller ID information.… Continue Reading

Dodd-Frank’s definition of “financial product or service” clarifies that those offering public records information retrieval or fraud prevention services are not only outside the reach of the Bureau, but also not subject to the FCRA.

Yesterday, Darryl May and I filed a memorandum of law in Fuges v. Southwest Financial Services, Ltd.Continue Reading