“Following an unprecedented year, lawsuits under the Fair Credit Reporting Act continue to be filed with ever-increasing frequency and consequence.” This, according to a recent Law 360 piece (paywall) from Troutman Pepper attorneys, David Anthony, Scott Kelly and Timothy St. George. The article is a tour de force of issues impacting CRAs, users, and furnishers, by highlighting key cases in six areas: (1) Article III standing in TransUnion v. Ramirez; (2) Article III standing in Fillinger v. Third Federal Savings and Loan Association; (3) The FCRA willfulness standard in Shimon v. Equifax; (4) FCRA preemption in Consumer Data Industry Association v. Frey; (5) Sovereign immunity in Mowrer v. U.S. Department of Transportation; (6) Disclosure and authorization Forms in Walker v. Fred Meyer; (7) Dispute-related litigation; and (7) Scheduled monthly payment reporting after account closure or charge-off
Eric J. Ellman is Senior Vice President for Public Policy and Legal Affairs at the Consumer Data Industry Association (CDIA) in Washington, DC. He also served for eight months as Interim President and CEO of the Association. More