Archives: FCRA

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Delaware Enacts New Data Destruction Law

On July 1, 2014, Delaware Governor Jack Markell signed into law a bill that creates new safe destruction requirements for the disposal of business records containing consumer personal information. The law will take effect on January 1, 2015.… Continue Reading

CFPB Proposes New GLB Privacy Notice Rule

On May 6, 2014, the Consumer Financial Protection Bureau announced a new proposed rule that would permit certain financial institutions to post online privacy notices instead of mailing them annually to customers as required under the Gramm-Leach-Bliley Act.… Continue Reading

FTC Announces Settlement with Data Brokers for Alleged FCRA Violations

On April 9, 2014, the Federal Trade Commission announced settlements with two data brokers, Instant Checkmate, Inc. and InfoTrack Information Services, Inc. The settlements stem from allegations that the companies violated various provisions of the Fair Credit Reporting Act, including failure to take reasonable steps to ensure that consumer reports were accurate and that their users had a permissible reason to have them.… Continue Reading

EEOC and FTC Issue Joint Guidance on Background Checks

As reported in the Hunton Employment and Labor Perspectives Blog, on March 10, 2014, the Federal Trade Commission and the Equal Employment Opportunity Commission issued joint guidance regarding the use of background checks in the employment context.… Continue Reading

FTC Announces 3.5 Million Dollar Settlement for Alleged FCRA Violations

On January 16, 2014 the Federal Trade Commission announced a settlement with TeleCheck Services, Inc., and its affiliated debt-collection entity, TRS Recovery Services, Inc. The settlement stems from allegations that the defendants violated various provisions of the Fair Credit Reporting Act, including requirements concerning the accuracy of consumer reports and dispute investigation and resolution procedures.… Continue Reading

Background Check Companies Settle FCRA Allegations

On November 13, 2013, two companies that provide consumer background reports to third parties, including criminal record checks, agreed to an 18.6 million dollar settlement stemming from allegations that they violated the Fair Credit Reporting Act when providing these reports to prospective employers. … Continue Reading

Senate Commerce Committee Broadens Data Broker Investigation

On September 25, 2013, Senator Jay Rockefeller expanded his investigation of the data broker industry by sending letters to twelve popular health and personal finance websites requesting information about their data collection and sharing practices. Responses are due by October 11, 2013.… Continue Reading

FTC Announces 3.5 Million Dollar Settlement in FCRA Case

On August 15, 2013, the Federal Trade Commission announced a 3.5 million dollar settlement with Cetergy following allegations that the check authorization service violated various provisions of the Fair Credit Reporting Act, including requirements concerning accuracy of consumer reports and dispute investigation and resolution procedures. … Continue Reading

SEC and CFTC Adopt Rules on Red Flags and Identity Theft

On April 10, 2013, the Securities and Exchange Commission and the Commodity Futures Trading Commission jointly adopted rules that require broker-dealers, mutual funds, investment advisers and certain other regulated entities to adopt programs designed to detect red flags and prevent identity theft.… Continue Reading

U.S. Court Finds National Security Letter Nondisclosure Provisions Unconstitutional

On March 14, 2013, a federal district court in California granted a motion to prohibit the government from issuing National Security Letters pursuant to the statutory provision that prohibits recipients of such letters from disclosing that they received a National Security Letter requesting subscriber information. The court held that the nondisclosure provisions of two federal statutes relating to National Security Letters are unconstitutional because they violate the First Amendment as well as the separation of powers principles.… Continue Reading

Kmart Settles FCRA Class Action for $3 Million

On January 25, 2013, Kmart Corporation agreed to a $3 million settlement stemming from allegations that it violated Fair Credit Reporting Act requirements when using background reports to make employment decisions.… Continue Reading
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