Background Screeners + Credit Reporting Agencies

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…

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…

In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings are joined by colleague Tim St. George to unpack major legislative developments impacting employment background screening. They discuss New York’s new statewide ban on the use of consumer credit history in most hiring and employment decisions, Virginia’s upcoming requirements for background screening businesses,…

In a recent decision from the Eastern District of Virginia, the court dismissed Fair Credit Reporting Act (FCRA) claims brought by a consumer who never received the vehicle he attempted to purchase with an auto loan. Despite acknowledging the underlying fraud in the transaction, the court held that the dispute over whether the consumer still…

On May 6, several Senate Democrats sent letters to three nationwide consumer reporting agencies (CRAs) requesting detailed information about how Buy Now, Pay Later (BNPL) loans are being handled in consumer reporting. The letters, led by Senator Elizabeth Warren (D‑MA), follow a prior set of information requests made in November 2025 to BNPL providers about…