In this episode of FCRA Focus, host Dave Gettings is joined by Partners Brooke Conkle and Ethan Ostroff to break down the Tenth Circuit’s landmark decision in Ward v. National Credit Systems, Inc., which reversed a $500,000 jury verdict and confirmed that reported information is only actionably inaccurate under Section 1681s-2(b) of the FCRA if
On July 20, the U.S. Court of Appeals for the Tenth Circuit reversed a $500,000 jury verdict against a debt collection furnisher, holding that a consumer cannot prevail on a Fair Credit Reporting Act (FCRA) unreasonable investigation claim without first demonstrating that the disputed information was “objectively and readily verifiable” as inaccurate. In Ward v.
In this episode of FCRA Focus, host Dave Gettings is joined by Elizabeth Holt Andrews to break down a significant new development in California standing law — a recent split between the Fifth Appellate District’s Limon decision and the First Appellate District’s Askins ruling — and what that split means for defendants facing FCRA
After years of pandemic-era forbearance programs, emergency moratoriums, and historically low foreclosure volumes, the mortgage market is undergoing a meaningful correction. Foreclosure activity is rising steadily across the country, and with it comes a familiar set of legal risks for servicers, lenders, and investors. The question is no longer whether foreclosure volumes will normalize — it is
Statistics for May 2026 consumer litigation filings are in, and the picture is essentially the reverse of April. After all three major consumer protection statutes posted month-over-month increases in April, the first time that had happened in over a year, all three declined in May.
On June 25, the U.S. Court of Appeals for the Eighth Circuit issued a decision affirming summary judgment in favor of a consumer reporting agency (CRA) that allegedly issued an inaccurate consumer report by inadvertently including the subject’s twin brother’s speeding ticket in the background check report. The decision provides useful guidance on the standard
The Consumer Data Industry Association (CDIA) and the Metro 2 Task Force announced that they have approved a new Special Comment Code, DS — Debt Settlement, in response to industry requests for clearer identification of consumer debt settlement activity in credit reporting. An implementation date has not yet been established, but CDIA anticipates that furnishers
On June 25, the Federal Deposit Insurance Corporation (FDIC) issued a notice of proposed rulemaking that would significantly update and clarify its regulations governing the disclosure of confidential information, including confidential supervisory information. This is the first substantial revision to these rules in approximately 30 years. The proposal would amend 12 CFR Part 309 and
On June 17, the Consumer Financial Protection Bureau (CFPB or Bureau) officially rescinded its December 2020 advisory opinion on special purpose credit programs (SPCPs) under Regulation B, which implements the Equal Credit Opportunity Act (ECOA). The rescission aligns with the Bureau’s recent views on SPCPs, including those expressed in the Bureau’s April 2026 final rule
On June 15, three major financial services trade associations filed suit in federal court to block Oregon’s HB 4116 from applying its 36% interest rate cap to consumer finance loans made by out-of-state, state-chartered banks. The lawsuit follows a similar challenge to Colorado’s opt-out, which remains pending before the Tenth Circuit on rehearing en banc.