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Insights / events

Presentation

Minimizing Liability Under the FCRA Amid a Recent Uptick in Credit Reporting Litigation and a Likely COVID-19-Related Surge

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Megan Starace Ben’Ary (Washington, DC) will co-present “Minimizing Liability Under the FCRA Amid a Recent Uptick in Credit Reporting Litigation and a Likely COVID-19-Related Surge” on September 23, 2020, during the ACI 32nd Advanced Forum on Consumer Finance Class Actions, Litigation & Government Enforcement Actions.

Megan and her co-panelists will:

  • Offer insight into increased federal enforcement of the FCRA and related class action activity in the past year.
  • Analyze frequently litigated permissible purpose claims as well as reporting accuracy and dispute investigation claims under this Act.
  • Examine recent case law surrounding what constitutes correct reporting of multiple forms of delinquency, modification, and bankruptcy.
  • Explain the modifications to the FCRA pursuant to the CARES Act, which impose limits to reporting of payment accommodations made due to the coronavirus crisis.
  • Assess the consequences of continued credit reporting during the pandemic (beyond the specific limitations cited in the CARES Act) and litigation that consumers are likely to initiate.

Learn more.

Insights

Deep Dive into Consumer Finance

Introduction: A Deep Dive into the Fair Credit Reporting Act

April 21, 2021

The Fair Credit Reporting Act (FCRA) impacts every aspect of a U.S. consumer’s life. Consumer reports are obtained by lenders, employers, landlords, and even utility companies, impacting the cost of credit and everyday services, as well as the ability to obtain employment or access housing.

Presentation

Efforts to Minimize Liability under the FCRA

October 9, 2020

David Thompson (Cleveland), Gregg Stevens (Dallas), and Megan Ben'Ary (Washington, DC) co-presented "Efforts to Minimize Liability under the FCRA" on Friday, October 9 during the 2020 Virtual Consumer Finance Legal Conference. The session focused on new reporting requirements instituted by the CARES Act and discussed strategies to reduce the risk from an uptick in FCRA lawsuits.

Published Article

Navigating the FCRA in the heavy wake and possible undertow of the CARES Act changes to the FCRA

May 5, 2020

Joseph Apatov (Fort Lauderdale) and Gregg Stevens (Dallas) co-authored an article addressing the CARES Act amendment to the Fair Credit Reporting Act (FCRA) in Westlaw’s Consumer Financial Service Law Report. The amendment adds Section 1681-s(2)(a)(1)(F): a temporary reporting requirement for furnishers of credit information concerning consumers affected by COVID-19. See Section 4021 of the CARES Act. DueMore