FCRA Update – From Identity Theft to Legal Disputes and Everything in Between

October 24, 2025

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The Fair Credit Reporting Act (FCRA) remains one of the most active areas of consumer finance law, with increasing regulatory scrutiny, a steady stream of litigation, and evolving compliance obligations.

Joseph Apatov, Alexander Green, and David Tallman will lead an “FCRA Update – From Identity Theft to Legal Disputes and Everything in Between” during McGlinchey’s 24th Annual Consumer Finance Legal Conference on October 24, 2025. This session will bring together both compliance and litigation perspectives to provide a 360-degree view of today’s FCRA landscape.

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Insights

Litigation Byte

Homebuyers Privacy Protection Act Amends FCRA for Enhanced Consumer Privacy

October 9, 2025

On September 5, 2025, President Trump signed into law H.R. 2808, the Homebuyers Privacy Protection Act.

Litigation Byte

Southern District of New York Finds No Private Right of Action for Improper Reporting Under the FCRA

August 7, 2025

The Southern District of New York dismissed an action under the Fair Credit Reporting Act (FCRA), finding that there was no private right of action under section 1681s-2(a) for purportedly inaccurate reporting by a furnisher. Background In Wendy Marie Drews v. Goldollar Real Estate Investments, et al. (S.D.N.Y., July 28, 2025, No. 24-CV-6697 (LLS)) 2025More

Litigation Byte

Fifth Circuit Affirms FCRA Limits: Credit Reporting Agencies are Not Required to Resolve Fraud Claims

July 2, 2025

In a case of first impression, the Fifth Circuit joined the First, Seventh, Ninth, and Tenth Circuits in affirming a decision that a consumer may not use the FCRA to “collaterally attack” the legal validity of a debt through an FCRA reinvestigation claim when the reported information was factually accurate.

Litigation Byte

Court Awards No Actual, Statutory, Reputational, or Punitive Damages for FCRA Violation in Wrongful Termination Suit

May 1, 2025

Plaintiff brought action in the United States District Court for the Northern District of Georgia after being terminated by Defendant without receiving pre-adverse notice, in violation of the Fair Credit Reporting Act (FCRA).

Litigation Byte

Federal Court Finds Causation Lacking on Negligence Claim Under FCRA, But Leaves Door Open on Claim of Willful Violation

April 22, 2025

A federal Judge for the United States District Court for the District of Arizona recently granted in part and denied in part a consumer reporting agency’s motion for summary judgment, with respect to claims raised by the plaintiff under the FCRA.

Alert

EDNY: Failure to State a Claim Under the FCRA Dooms a Related Claim under the NYFCRA

January 2, 2025

On December 16, 2024, the United States District Court for the Eastern District of New York dismissed claims against a credit reporting agency for violations of the Fair Credit Reporting Act (FCRA) and joined the United States District Court for the Southern District of New York in holding that the insufficiency of a claim under the FCRA requires dismissal of a related claim under the New York Fair Credit Reporting Act (NYFCRA), whose prohibition on reporting of inaccurate information is “substantially similar” to the FCRA.