FCRA Focus

In this episode of FCRA Focus, co-hosts Dave Gettings and Kim Phan are joined by partner Stefanie Jackman to unpack the Consumer Financial Protection Bureau's (CFPB) evolving interpretation of Fair Credit Reporting Act (FCRA) preemption. They trace the timeline from the CFPB's July 2022 interpretive rule, through its withdrawal in May 2025, to the October 2025 confirmation and new guidance embracing a broader view of preemption under 15 U.S.C. § 1681t(b)(1). The team discusses how the CFPB's latest stance could impact state laws regulating consumer reports beyond "credit" — including medical debt, rental information, and criminal background checks — and why interpretive rules, despite being helpful and persuasive, are not binding on courts. They also explore practical implications for litigation and compliance, the current judicial environment for agency deference, and the ongoing tension between the need for nationwide uniformity and the growing patchwork of state-by-state mini-FCRA laws. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of FCRA Focus, host Dave Gettings is joined by Brooke Conkle and Mandi Blackmon to explore the intricacies of a furnisher's reasonable investigation under Section 1681s-2(b) of the Fair Credit Reporting Act (FCRA). The discussion centers around the Second Circuit's recent decision in the Suluki case, which addresses the standards for conducting a reasonable investigation in the context of identity theft allegations. The hosts delve into the background of the case, the arguments presented by both parties, and the court's rationale in affirming summary judgment for the defendant. They also examine how this decision aligns with prior Second Circuit precedent and its implications for compliance and litigation strategies. Tune in for a detailed analysis of how the Suluki decision reinforces the principle that investigations must be reasonable, not perfect, and what this means for furnishers navigating similar claims. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this special crossover episode between FCRA Focus and The Consumer Finance Podcast, Kim Phan, Dave Gettings, Chris Willis, and Cindy Hanson explore the recent withdrawal of Consumer Financial Protection Bureau (CFPB) guidance affecting the Fair Credit Reporting Act (FCRA). This episode provides a comprehensive analysis of how these changes impact key areas such as preemption, background screening, permissible purpose, artificial intelligence, and state attorneys general enforcement actions. The discussion highlights the implications for consumer reporting agencies, furnishers, end-users, and the broader regulatory landscape, offering valuable insights for professionals navigating these evolving challenges. Tune in to understand the potential shifts in compliance and enforcement. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings are joined by Eric Ellman, president of the National Consumer Reporting Association (NCRA), for an insightful discussion on the current landscape of tenant screening and mortgage reporting resellers. Eric shares his thoughts on the challenges these industries face, including increased litigation and regulatory pressures at the state level. The conversation delves into the unique role of resellers in the consumer reporting ecosystem and the legal ambiguities affecting them. Eric also discusses the NCRA's advocacy efforts to address these issues and highlights the potential for growth through technology and artificial intelligence. Tune in to understand the complexities and opportunities within the tenant screening and reseller sectors, all while enjoying Eric's sartorial flair. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings bring you the latest updates from the regulatory and litigation sides of the house. Dave shares his insights on the challenges and litigation surrounding identity theft investigations, offering practical tips for furnishers to navigate these complex issues. Kim provides an overview of the Consumer Financial Protection Bureau's renewed supervision efforts and what it means for Fair Credit Reporting Act compliance. Tune in for an engaging discussion filled with valuable information and practical advice. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of FCRA Focus, host Dave Gettings is joined by Cindy Hanson, Scott Kelly, and Tim St. George, partners in Troutman Pepper Locke's Consumer Financial Services Practice Group, to discuss the most impactful regulatory issues in credit reporting from 2024 and their potential impact in 2025. The discussion covers developments in background screening, the Consumer Financial Protection Bureau's advisory opinions on reasonable procedures, and proposed rulemaking related to medical debt. The group also explores emerging litigation trends and the impact of recent regulatory activities on industry standards. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Join host Kim Phan and special guests David Anthony, Stefanie Jackman, and Mark Furletti as they delve into the significant Fair Credit Reporting Act (FCRA) developments of 2024 and provide insights on what to expect in 2025. This episode covers a range of topics, including the impact of the outgoing Biden Administration and the incoming Trump Administration on FCRA regulations, the Consumer Financial Protection Bureau's recent rulemaking activities, and the ongoing legal challenges. Tune in to understand the evolving landscape of consumer reporting laws and regulation and how it may affect your business. Don't miss this comprehensive review and analysis from Troutman Pepper Locke's seasoned legal professionals.NOTE: At the time of recording this podcast did not capture recent events relating to the change in CFPB leadership and resulting instructions to CFPB staff regarding CFPB rulemakings and investigations. Stay tuned for future podcast episodes addressing these important developments. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Join host Dave Gettings and guest Elizabeth Holt Andrews in this episode of FCRA Focus as they delve into the complexities of arbitration in California, a frequent battleground for FCRA cases. Elizabeth, an appellate attorney from Troutman Pepper Locke's San Francisco office, shares updates on a major arbitration case pending in the California Supreme Court, Hohenshelt v. Superior Court. They explore the implications of recently enacted California statutes governing arbitration, the potential national impact, and the challenges businesses face under these new rules. Tune in for an insightful conversation on the evolving arbitration landscape and what it means for consumer financial services companies. Don't miss this engaging episode filled with in-depth analysis and practical insights. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of FCRA Focus, host Dave Gettings is joined by fellow partner Tim St. George to delve into the intersection of the Fair Housing Act (FHA), consumer reporting agencies, and The Fair Credit Reporting Act (FCRA). They explore the nuances of FHA claims, including disparate treatment and disparate impact, and discuss the implications for tenant screening and mortgage consumer reporting agencies. Tim shares insights from his extensive experience in federal trials and appeals involving FHA claims, offering valuable perspectives on compliance strategies and the evolving legal landscape. Tune in to understand how the FHA could affect your business practices and what steps you can take to mitigate potential liabilities. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings welcome Mark Furletti, co-leader of Troutman Pepper's Consumer Financial Services Regulatory practice. Mark shares his extensive knowledge on the Fair Credit Reporting Act (FCRA) and provides practical advice on how companies, especially fintechs, can operate without becoming a consumer reporting agency (CRA) under the FCRA. The discussion delves into the intricate definitions within the FCRA, common pitfalls, and best practices. Tune in to learn how to navigate the regulatory landscape and mitigate risks associated with consumer report information. Don't miss this insightful conversation packed with tips and real-world examples. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Join Kim Phan, co-host of the Troutman Pepper podcast, FCRA Focus, as she welcomes special guests from the Credit Builders Alliance (CBA). In this episode, Chief Technical Officer Elisabeth Johnson-Crawford and Manager of Bureau Services Arinze Nwadiogbu, share their insights on the challenges and strategies for smaller entities in credit reporting. Learn about the benefits of credit reporting, the legal risks involved, and the comprehensive support CBA provides to its nonprofit members. From initial setup to ongoing compliance, discover how CBA helps organizations navigate the complexities of the credit reporting system. Tune in for an in-depth discussion on FCRA compliance, alternative data, and more. Don't miss this informative episode packed with valuable advice and practical solutions for credit reporting success. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of FCRA Focus, host Kim Phan is joined by fellow Troutman Pepper partner Stefanie Jackman and Michelle Macartney, managing partner and chief compliance officer at Bridgeforce. Together, they delve into the complexities of reporting collections activity to consumer reporting agencies. Michelle shares her extensive experience in consumer reporting compliance, offering valuable insights into the challenges and best practices for maintaining data accuracy and handling disputes. The discussion also covers the latest CFPB draft rulemaking on medical debt and its implications for consumer reporting agencies, end users, and furnishers. Tune in to learn how to navigate the intersection of FCRA and debt collection as well as discover effective compliance strategies to mitigate risks in today's regulatory environment. Don't miss this informative episode packed with practical tips and industry updates! Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of FCRA Focus, host Dave Gettings and his colleague Courtney Hitchcock explore the complexities of the Fair Credit Billing Act (FCBA). With an increase in FCBA claims, including those from pro se litigants, it is essential for creditors to understand the procedural requirements and potential challenges. Courtney discusses the basics of the FCBA, common billing errors, and the steps creditors should take when faced with a claim. She also provides practical strategies for effectively handling FCBA disputes. Tune in for an informative discussion that will help you navigate FCBA claims with confidence. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this insightful episode of FCRA Focus, host Dave Gettings and guest Jonathan DeMars, an associate in Troutman Pepper's Consumer Financial Services Practice Group, delve into the recent Supreme Court decision in Department of Agriculture Rural Development Rural Housing Service v. Kirtz. This ruling examines the potential liability of the government under the Fair Credit Reporting Act (FCRA) and has implications through the legal community and beyond. Join us as we explore the intricacies of the case, the arguments that swayed the Supreme Court, and the likely effects on both government entities and private parties. This episode offers our insights into a case that defines the boundaries of sovereign immunity within the realm of credit reporting. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of Troutman Pepper's FCRA Focus podcast, host Kim Phan delves into the topic of dispute resolution through the e-OSCAR system with special guest, Joel Strickland, the director of customer success at e-OSCAR. Joel shares valuable insights into the resources available to data furnishers, including e-OSCAR University and the annual users conference, Simplicity. This episode illuminates the functionalities and benefits of the e-OSCAR system for FCRA dispute resolution and clarifies the limitations of e-OSCAR's role in the dispute resolution process, underscoring the importance of legal and compliance consultations for data furnishers.With over seven years at Online Data Exchange, the company behind e-OSCAR, Joel Strickland leads the client relations team, focusing on supporting data furnishers with feature development, services, training, and communication. Based in Jacksonville, FL, Strickland shares his experience as a triathlete drawing parallels between the discipline required for triathlon training and the dedication needed for FCRA compliance, emphasizing the importance of understanding Metro2 guidelines, internal policies, and the e-OSCAR application for effective consumer credit dispute handling. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of FCRA Focus, join host Dave Gettings and fellow partner, Jason Manning, as they delve into Jason's recent experiences trying a consumer case in front of a jury. Jason and Dave discuss the impact of integrating technology into trial presentation, the strategic use of demonstratives to maintain jury engagement, approaches to breaking the ice in the courtroom, and fostering a more attentive and responsive jury. Whether you're a legal professional seeking to refine your trial tactics or simply intrigued by the dynamics of courtroom strategy, this episode offers a wealth of first-hand knowledge regarding jury trials in consumer cases. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

In this episode of FCRA Focus, hosts Kim Phan and Dave Gettings are joined by Partners Cindy Hanson and Ron Raether to discuss recent CFPB advisory opinions on accuracy in background check reports and the inclusion of data sources in response to consumer file disclosure requests. They delve into the challenges companies face in obtaining accurate information from public record sources and the implications of the CFPB's guidance for the industry. The conversation also highlights the importance of effective dispute processes and vendor relationships in ensuring compliance. Tune in for insightful commentary on these critical issues in the FCRA compliance environment. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Join hosts Dave Gettings, Kim Phan, and Chris Willis in this special crossover episode of FCRA Focus and The Consumer Finance Podcast in the first installment of our Year in Review and a Look Ahead series. They are joined by guests Cindy Hanson and Alan Wingfield, partners at Troutman Pepper, who share their insights on the most impactful developments in background screening and credit reporting in 2023. Listen in as they discuss industry challenges and opportunities, the implications of proposed regulatory changes, and what to expect in the future. Stay tuned for the next episode of our Year in Review and a Look Ahead series on The Consumer Finance Podcast, providing valuable insights for anyone involved in consumer finance.To download a copy of the Consumer Financial Services Year in Review and a Look Ahead, please click here. For a list of our upcoming webinars, visit our Troutman Pepper Insights page. And to make sure you don't miss another episode of this podcast, please click subscribe. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Please join Troutman Pepper Partner Dave Gettings and colleagues Tim St. George and Cindy Hanson for a highly informative discussion on federal preemption as it relates to state laws and the Fair Credit Reporting Act (FCRA). This episode provides listeners with an overview of important state and local legislation governing background screening, along with discussions about how federal preemption might affect required compliance with these state and local laws. Topics include:Significant developments in state and local law governing screening;The impact of these developments on the screening process and strategies for compliance, including in the context of unclear and uninterpreted statutory language;An overview of the concept of federal preemption;Recent developments regarding federal preemption and what those developments mean for your business operations; andInsights into how regulators view federal preemption and the future of this issue. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.

Please join us for a special cross-over episode of FCRA Focus and The Consumer Finance Podcast, where Troutman Pepper Partners Chris Willis, Dave Gettings, Kim Phan, and Ron Raether look at the latest developments in the CFPB's FCRA rulemaking process. Topics include:The anticipated timeline for public comment;The removal of medical debt from credit reports; The results of the Small Business Review Panels held in October, and potential reinstatement in the future; The CFPB’s “interpretation” of various definitions in the FCRA, such as the meaning of a consumer reporting agency and a consumer report;New obligations imposed on furnishers and end-users regarding permissible purpose;The impact of these new rules on other industries;Anticipation for an uptick in FCRA litigation once the rules are finalized; and Next steps for businesses that will be impacted by the new rules. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.