FCRA

Friday, December 21, 2018

Stop The Onslaught Of Credit Card Offers


As part of the Fair Credit Reporting Act (FCRA), the credit reporting agencies are allowed to supply lists of consumers to potential creditors. Creditors can filter these lists to target their preferred audience for pre-approval offers. The FRCA allows you to opt-out of those lists, choking off the main source of credit card offers.

To opt-out, go to 


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Wednesday, November 21, 2018

Rubio, Kennedy Introduce Bill To Protect Small Businesses From Security Breaches


Today, U.S. Senators Marco Rubio (R-FL) and John Kennedy (R-LA) introduced the Read more . . .


Tuesday, November 6, 2018

Stanford Facing FCRA Class Action (Again)


Stanford University is facing a new Fair Credit Reporting Act class action with, potentially, over a thousand class members. And it’s not the first time Stanford has faced these claims.  Notably, this isn’t the first time that Stanford has faced FCRA claims for the disclosures in their application forms. In 2015, Stanford faced precisely the same claims from another employee. Read more . . .


Thursday, October 4, 2018

FCRA Developments: Updated Summary of Rights & “Stand-Alone” Disclosure Need Not Be Separate In Time


Job applicants have important federal rights regarding their background checks.  That includes being provided with a copy of a summary of those rights.  It also includes important rights concerning inaccurate information on a background check report.  

Read more . . .


Friday, September 28, 2018

Compliance Now Required: New FCRA Summary of Rights Released


 The Consumer Financial Protection Bureau issued a new FCRA "Summary of Rights" form, effective September 21, 2018

 Read more . . .


Thursday, March 8, 2018

Consumers Should Have More Control Over Credit Reports. We Agree.


Last month, Senator Jack Reed (D) of Rhode Island proposed legislation which would give consumers discretion over who sees their all-important credit information. The Control Your Personal Credit Information Act would require credit bureaus to request permission from consumers in order to share their highly personal credit-information with third-parties. Senator Reed states: “under existing law, the current consumer reporting system is backwards.  Consumer reporting agencies collect so much information on us, often without our consent, so at the very least, they should ask us for our permission before they share or sell our information.”

 Read more . . .


Thursday, December 14, 2017

Ninth Circuit Court of Appeals: FCRA bars background check liability waiver


In Syed, the Ninth Circuit Court of Appeals held that a background check disclosure which included a liability waiver violated the FCRA. This case was significant because the Ninth Circuit is the first federal appeals court to definitively state that the FCRA “unambiguously bars the inclusion of a liability waiver.” The court also notably held that the employer willfully violated the FCRA by including the liability waiver in the disclosure, finding that no reasonable interpretation of the statute would allow any language besides a disclosure and authorization.


Our firm represents job applicants subject to background checks.  The Fair Credit Reporting Act governs all consumer reports including employment and housing background reports.
Read more . . .


Friday, November 17, 2017

Richard Cordray to step down as head of Consumer Financial Protection Bureau


A one-two punch. First the Congressional override of the CFPB's rule limiting mandatory arbitration clauses in certain consumer financial agreements. And now the loss of Cordray who has been an important advocate for consumer financial rights.

 

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Thursday, November 16, 2017

Data Breaches


Data breaches are a common source of identity theft and can devastate your credit score.  Check your credit reports for free at 

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Wednesday, October 4, 2017

Equifax interim CEO pens apology after data breach

Dominick Tavella, of Diversified Financial Consultants, suggests that consumers sign up for credit alerts in order to protect against unwarranted issuances of credit, resulting from the Equifax breach. Tavella cautions consumers about Equifax’s offer to provide credit monitoring free for a year, as the information gained through the data breach may not be used (or if it is used, discovered) within the next year.

See video clip here


Read more . . .


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