Complaints related to credit and consumer reporting topped the list of recent complaints received by the CFPB, with a significant percentage also mentioning coronavirus keywords.  Adding to these complaints, the CARES Act and recent guidance issued by the federal banking regulators have called for banks and lenders to change their credit reporting practices when working with borrowers who receive payment accommodations in response to the COVID-19 pandemic.

 

These unprecedented times, combined with a spate of consumer-friendly cases regarding the duty to investigate disputes and the availability of damages and attorney's fees under the Fair Credit Reporting Act (FCRA), has fueled a movement by plaintiffs’ attorneys to focus on FCRA claims against furnishers of information, including regional and community banks.  

 

In this presentation, we will focus on the recent trend in FCRA filings against furnishers of information, the case law spurring this movement, the duties of furnishers under the FCRA, the impact of recent guidance and CARES Act requirements on credit reporting, and the ways that furnishers can protect themselves from FCRA claims, particularly during the COVID-19 crisis.