Background Screeners + Credit Reporting Agencies

New York has now enacted a statewide ban that, with limited exceptions, prohibits employers from using consumer credit history in hiring and other employment decisions. Effective April 18, 2026, the law amends the state’s General Business Law to make it an unlawful discriminatory practice for most employers to request or rely on an applicant’s or…

Troutman Pepper Locke partner David Anthony and associate Noah DiPasquale co‑authored a recent article for the American Bar Association’s Litigation Section, “Reasonable Reinvestigation, Not Legal Adjudication: CRAs and Furnishers under the FCRA,” together with Jennifer Sarvadi of Hudson Cook. The piece examines how courts nationwide are refining what counts as a “reasonable” investigation under the…

A new discussion draft from Representative Bill Huizenga (R-MI) would significantly update Title V of the Gramm‑Leach‑Bliley Act (GLBA) to reflect how financial data is collected, shared, and monetized in today’s market. Released in connection with the March 17, 2026 House Financial Services Committee (Committee) hearing, “Updating America’s Financial Privacy Framework for the 21st…

The New York City Department of Consumer and Worker Protection (NYC DCWP) has adopted a comprehensive set of amendments to its debt collection rules, effective September 1, 2026. The final rule clarifies that New York City’s consumer protection framework applies not only to traditional third‑party debt collectors and debt buyers, but also to original creditors…

In a recent decision, the U.S. Court of Appeals for the Eighth Circuit affirmed summary judgment in favor of Freedom Mortgage Corporation, rejecting Fair Credit Reporting Act (FCRA) claims brought by borrowers who insisted they had made their mortgage payments on time. The court held that the servicer accurately reported a 30‑day late payment…

In this episode of FCRA Focus, host Kim Phan is joined by Michael Yaghi, partner in Troutman Pepper Locke’s Regulatory Investigations, Strategy + Enforcement practice group, to unpack the California Department of Financial Protection and Innovation’s (DFPI) latest effort to require registration for the credit reporting industry. They discuss DFPI’s second request for comment, how…

On January 12, the California Department of Financial Protection and Innovation (DFPI) issued a second invitation for comments on potential regulations under the California Consumer Financial Protection Law (CCFPL) that would require registration and reporting by firms engaged in consumer reporting and related data activities. Comments are due by February 26.…

On October 28, the Consumer Financial Protection Bureau (CFPB or Bureau) issued a new interpretive rule replacing its 2022 interpretive rule (withdrawn in May 2025) concerning the scope of preemption under the Fair Credit Reporting Act (FCRA). This new interpretive rule clarifies that the FCRA broadly preempts state laws related to consumer reporting, reinforcing Congress’s…