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When is a report not a “consumer report?” When it’s for the banking industry....

This month’s post will comment on the FCRA’s provision at 15 U.S.C. Sec. 1681a(y), which says that a report is not a “consumer report” (and thus not subject to FCRA liability) if it “is made to an...

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When is a report “in connection with an investigation?”

Last month, I discussed two federal court cases that considered whether a criminal background report that Wells Fargo obtained from First Advantage was a “consumer report” that had to comply with the...

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Target gets rare win in “stand-alone disclosure” class action

For the past few years, plaintiffs’ lawyers have been filing – and winning – class actions against employers who routinely obtain criminal background reports about potential employees.  These suits...

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Are banks unable to pull credit reports post-bankruptcy?

A reporter recently contacted me to talk about a new FCRA class action which alleges that banks may not obtain credit reports on consumers, even after those consumers have discharged their debts to the...

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Pleading and proving the FDCPA’s bona fide error defense

I don’t generally write blog posts about just one case, but I’m going to make an exception this month and discuss Arnold v. Bayview Loan Servicing, LLC, No. 14-cv-0543, 2016 U.S. Dist. LEXIS 10509...

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Why creditors and CRAs can report debts that were discharged in bankruptcy

Last month’s post was about Bailey v. FNMA, and the question of whether a mortgage company can pull a credit report on a mortgage borrower, even after the borrower has discharged his mortgage in...

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Crazy FCRA case in NJ illustrates some common themes

The District of New Jersey just resolved two FCRA cases that, in my view, combine all of the best (or worst) features of FCRA litigation:  they involve a confusing issue on a credit report; a threat of...

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The FCRA does not apply to plaintiffs who are turned down for business credit

This month’s post will attempt to establish something that I’ve always vaguely known to be true, but never had occasion to fully research:  the FCRA applies to consumers who are trying to get personal...

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FCRA defendants hit back: sanctions motions in FCRA discharge cases

In recent months, bankruptcy lawyers have begun to bring strikingly similar FCRA lawsuits on behalf of former clients who went through Chapter 13 bankruptcy.  This post will discuss these cases and how...

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The “above my pay grade defense” to FCRA liability: The 10th Circuit weighs in.

When someone is faced with a decision that he doesn’t think he has the right to make, he can respond that “it’s above my pay grade.”  The phrase appears to have originated in the US military – which...

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