With respect to the reporting or furnishing of information, the FCRA preempts state law defamation suits against any person who furnishes information to a CRA if the suit is based in whole or in part on a consumer report except as to false information furnished with malice or willful intent to injure such consumer. 05/02/2022 […]
WebRecon breaks down the latest claims under ARM industry laws. 04/26/2022 4:15 P.M. 2 minute read WebRecon’s latest report shows litigation increased by double-digit percentages across all three major consumer statutes in March. Fair Debt Collection Practices Act suits increased 10.6% over February, Telephone Consumer Protection Act suits increased 10.1% and Fair Credit Reporting Act […]
A law firm was entitled to judgment as a matter of law on a consumer’s FCRA Section 1681s-2(b) claims because it was undisputed that the law firm never credit reported any of the consumer’s accounts. As such, it could not be considered a “furnisher of information” subject to the provisions of the statute as a […]
A consumer disputed a debt that appeared on her credit report. The debt collector provided her with verification of the debt. The consumer claimed the verification provided was not enough and requested further documentation. After sending the initial verification, the debt collector sued the consumer in state court. The suit was dismissed and the consumer […]
In the latest of a string of reports on medical billing, the bureau analyzes U.S. consumer “complaints.” Editor’s note: This article is available for members only. 04/20/2022 9 P.M. 7 minute read Key Takeaways: The CFPB says its report seeks to illustrate the possible long-term impact of medical billing and collections. ACA continues to advocate […]
The Nevada Hospital Association brief was filed after ACA’s call to action for medical providers to support the appeal, which seeks clarity on requirements in the state’s medical debt law. Editor’s Note: This article is available for members only. 04/14/2022 3:00 P.M. 5 minute read The Nevada Hospital Association has filed an amicus brief in […]
The court found a furnisher is not responsible for determining who is “at fault” for a consumer’s missed payments because such a finding would involve the sort of judgment that the FCRA neither expects nor requires furnishers of information to make. 04/13/2022 1:15 P.M. 4 minute read Badwan v. Wells Fargo, No. 21 C 4666, […]
Although the consumer informed the credit reporting agency that she no longer disputed a debt, her credit report continued to reflect the dispute. She alleged the data furnisher was liable under the FCRA for negligently and willfully failing to investigate the dispute, and that the credit reporting agency was liable under the FCRA for negligently […]
Comments on the proposed credit reports rule, which would implement amendments to the Fair Credit Reporting Act, are due May 9. 04/08/2022 1:15 P.M. 2.5 minute read The CFPB has issued a proposed rule that would prohibit consumer reporting agencies (CRAs) from providing consumer credit reports containing adverse information about a consumer that resulted from a severe form […]
A consumer received a 1099-C form after two credit card accounts were charged off by their bank. The debts were reported on his credit report. The bank told the consumer that it was not attempting to collect on the account, but it would continue to report the account balance on his credit report. The consumer […]
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