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From the Web: `State Agencies Can Enforce FCRA Too’


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State agencies have jurisdiction to enforce the FCRA, but to what extent?

12/20/2018 13:30

A recent settlement shows the role of state agencies in enforcement of the Fair Credit Reporting Act, according to a blog post from Scott Anderson, an associate with Womble Bond Dickinson, on FCRAland.

“When discussing FCRA, we often concentrate our focus on certain individuals and entities trying to enforce the statute: the CFPB (or BCFP), FTC, class action firms, and individual plaintiffs.  Nonetheless, a recent settlement demonstrates the importance of yet another actor—state agencies.  [In] In the Matter of Encore Capital Group, Inc., Midland Funding, LLC, and Midland Credit Management, Inc., a debt buyer learned this lesson while facing a multi-million dollar enforcement action from over 40 states, alleging violations of both FCRA and the Fair Debt Collection Practices Act (the “FDCPA”),” Anderson writes.

He adds that state agencies are required to consult with federal agencies such as the Bureau of Consumer Financial Protection and Federal Trade Commission before filing suit under the FCRA.

“Because of these limitations, state agencies rarely file suit to enforce FCRA.  Nonetheless, companies who find themselves in the crosshairs of state regulators for other reasons should keep a close eye on FCRA compliance, particularly while negotiating settlement agreements with state regulators,” according to Anderson.

Read Anderson’s complete post on the FCRAland blog.

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