Category Archives: Credit Reporting

CFPB proposes rule removing medical bills from credit reports

Yesterday, the CFPB announced a proposed rule that would remove medical bills from most credit reports and add other limitations on the use of medical debt in lending. The agency’s press release is available here, and the proposed rule is available here. Comments will be open until at-least mid August.

Court partially vacates NJ law requiring multilingual credit-file disclosures

In 2019, New Jersey amended its state fair credit reporting act to require national credit reporting agencies to provide, upon request, credit file disclosures to New Jersey consumers in certain languages other than English. An industry association sued, alleging the statute was preempted by the federal fair credit reporting act, and violated the First Amendment. […]

Consumer Reports study finds surge in complaints about credit report errors

Here.  Excerpt: [F]or the past three years, having incorrect information on a report has been the No. 1 complaint made to the Consumer Financial Protection Bureau, according to CFPB data compiled by Consumer Reports. What’s more, the number of complaints about credit report errors more than doubled in recent years, from 165,129 in 2021 to […]

Supreme Court holds that federal agencies can be held accountable under the FCRA

The Supreme Court ruled unanimously yesterday in favor of consumer interests in Department of Agriculture Rural Development Rural Housing Service v. Kirtz, a case argued by Public Citizen Litigation Group attorney Nandan Joshi. The case concerned the Fair Credit Reporting Act, which allows consumers to sue creditors for failing to correct inaccurate credit information that […]

3rd Circuit Won’t Force Arbitration Where Defendant Won’t Follow AAA Rules

Rosario Hernandez sued MicroBilt after a verification report the company issued inaccurately stated she was on a government watch list, leading to her being denied a loan. Citing a mandatory arbitration agreement in her loan application, MicroBilt moved to compel, and Hernandez dismissed her court complaint and submitted her claims to the AAA for arbitration. […]

11th Circuit Agrees That FCRA Statutory Damages Do Not Require Proof of Actual Damages

The Fair Credit Reporting Act provides that consumers that establish a consumer reporting agency has willfully failed to comply with the statute’s requirement may recover either (1) their actual damages, or (2) “damages of not less than $100 and not more than $1,000.” In Santos v. Healthcare Revenue Recovery Group, LLC, Experian argued that, in order […]

3rd Circuit Holds FCRA Requires Credit Furnishers to Investigate All Indirect Disputes

When a consumer finds an error on his or her credit report, the FCRA provides two mechanisms for raising a dispute. The consumer can raise a “direct” dispute with the person or entity that furnished the incorrect or incomplete information (the “furnisher”), or an “indirect” dispute with the credit reporting agency, which then must provide […]

CFPB reaches multi-billion dollar settlement with credit repair companies

This week, the Consumer Financial Protection Bureau entered into a proposed settlement with a ring of corporate entities operating some of the largest credit repair brands in the country, including Lexington Law and CreditRepair.com. The agreement follows a court ruling that the companies collected illegal advance fees for credit repair services through telemarketing in violation […]

CFPB to propose rule to cover data brokers under the FCRA

Evan Weinberger has a report at Bloomberg Law (possibly behind paywall), as does Kate Berry at the American Banker (also behind paywall), and Reuters. Here’s an excerpt from the Bloomberg Law report: The coming proposal would seek to ban the sale of consumer data, including so-called “credit-header data” like a person’s name, address, or Social […]

Second Circuit Rejects “Legal” v. “Fact” Standard for FCRA Inaccuracies

Section 1681e(b) of the Fair Credit Reporting Act (FCRA) requires credit reporting agencies to “follow reasonable procedures to assure maximum possible accuracy of the information” reported. In 2021, a district court held that a plaintiff cannot bring a claim for violating that provision when “the accuracy at issue requires a legal determination as to the […]