15 U.S.C. § 1681b – Permissible purposes of consumer reports: Statutory Language for the Defense Lawyer of Class Action Lawsuits Under the FCRA (Fair Credit Reporting Act)

As a resource for the class action defense lawyer defending against class actions under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., we provide the text of the FCRA on this site for attorneys.

§ 1681b. Permissible purposes of consumer reports

(a) In general.

Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:

(1) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.

(2) In accordance with the written instructions of the consumer to whom it relates.

(3) To a person which it has reason to believe

(A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or

(B) intends to use the information for employment purposes; or

(C) intends to use the information in connection with the underwriting of insurance involving the consumer; or

(D) intends to use the information in connection with a determination of the consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant’ s financial responsibility or status; or

(E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or

(F) otherwise has a legitimate business need for the information

(i) in connection with a business transaction that is initiated by the consumer; or

(ii) to review an account to determine whether the consumer continues to meet the terms of the account.

(4) In response to a request by the head of a State or local child support enforcement agency (or a State or local government official authorized by the head of such an agency), if the person making the request certifies to the consumer reporting agency that

(A) the consumer report is needed for the purpose of establishing an individual’s capacity to make child support payments or determining the appropriate level of such payments;

(B) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises (if required by those laws);

(C) the person has provided at least 10 days’ prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested; and

(D) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph (A), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.

(5) To an agency administering a State plan under Section 454 of Title 42 for use to set an initial or modified child support award.

FCRA Class Actions Statutes & Rules Uncategorized

15 U.S.C. § 1681a – Definitions; rules of construction: Statutory Language of the FCRA (Fair Credit Reporting Act) for the Class Action Defense Lawyer

As a resource for the defense lawyer defending against class actions under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq., we provide the text of the FCRA on this site for attorneys.

§ 1681a. Definitions; rules of construction

(a) Definitions and rules of construction set forth in this section are applicable for the purposes of this title.

(b) The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

(c) The term “consumer” means an individual.

(d) Consumer Report

(1) In general.

The term “consumer report” means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to e used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’ s eligibility for

(A) credit or insurance to be used primarily for personal, family, or household purposes;

(B) employment purposes; or

(C) any other purpose authorized under section 1681b of this title.

(2) Exclusions.

Except as provided in paragraph (3), the term “consumer report” does not include

(A) subject to section 1681s-3 of this title, any

(i) report containing information solely as to transactions or experiences between the consumer and the person making the report;

(ii) communication of that information among persons related by common ownership or affiliated by corporate control; or

(iii) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons;

(B) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;

(C) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section § 1681m of this title; or

(D) a communication described in subsection (o) or (x).

(3) Restriction on sharing of medical information.

Except for information or any communication of information disclosed as provided in section 1681b(g)(3), the exclusions in paragraph (2) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is–

(A) medical information;

(B) an individualized list or description based on the payment transactions of the consumer for medical products or services; or

(C) an aggregate list of identified consumers based on payment transactions for medical products or services.

FCRA Class Actions Statutes & Rules Uncategorized

15 U.S.C. § 1681 – Congressional Findings and Statement of Purpose for the Fair Credit Reporting Act: Statutory Language for the Defense Lawyer of Class Action Lawsuits Under the FCRA

As a service to class action defense attorneys, we provide here the text of the relevant statutory provisions of the FCRA. We have endeavored to make this accurate as of January 1, 2006. It includes those amendments to the FCRA contained in the Fair and Accurate Credit Transactions Act of 2003 (FACT), Public Law 108-159, as well as those in Section 506 of the Gramm-Leach-Bliley Act. Public Law 106-102. In 1970, Congress enacted the FCRA (Fair Credit Reporting Act, 15 U.

FCRA Class Actions Statutes & Rules Uncategorized

Relation to State Laws and Exemption for State Regulation (15 U.S.C. §§ 1692n and 1692o): Statutory Language for the Defense Lawyer of Federal Class Action Lawsuits Under the FDCPA (Fair Debt Collection Practices Act)

While Congress enacted the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., in 1978 for the purpose of establishing certain that ethical guidelines for the collection of consumer debts, and to provide debtors with a means for challenging payoff demands and determining the validity and accuracy of asserted debts, it did not intend to foreclose States from enacting laws concerning debt collection practices. Several states, such as California, have enacted such laws, and defense attorneys must frequently defend against class actions filed under such State laws.

FDCPA Class Actions Statutes & Rules Uncategorized

Commission Reports to Congress (15 U.S.C. § 1692m): Statutory Language for the Federal Defense Lawyer of Class Action Lawsuits Under the FDCPA (Fair Debt Collection Practices Act)

Congress enacted the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., in 1978 for the purpose of establishing certain that ethical guidelines for the collection of consumer debts, and to provide debtors with a means for challenging payoff demands and determining the validity and accuracy of asserted debts. Congress also authorized the Federal Trade Commission to commence administrative actions against debt collectors for violations of the FDCPA, and charged the Commission with an obligation to report to Congress annually on FDCPA matters.

FDCPA Class Actions Statutes & Rules Uncategorized

Federal Administrative Actions Against Debt Collectors (15 U.S.C. § 1692l): Statutory Language for the Defense Lawyer of Class Action Lawsuits Under the FDCPA (Fair Debt Collection Practices Act)

When Congress enacted the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., in 1978, it provided not only for private rights of action by debtors against debt collectors, it also provided for administrative enforcement by the Federal Trade Commission. While defense against a class action is certainly a concern for debt collectors, the lawyer advising debt collectors does well to keep in mind and advise the client as to the administrative proceedings that may be brought to bear.

FDCPA Class Actions Statutes & Rules Uncategorized

Civil Liability Under Federal FDCPA (Fair Debt Collection Practices Act) (15 U.S.C. § 1692k): Statutory Language for the Class Action Defense Lawyer

The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., enacted by Congress in 1978, establishes certain that ethical guidelines for the collection of consumer debts, and provides debtors with a means for challenging payoff demands and determining the validity and accuracy of asserted debts. As class action defense attorneys know, the FDCPA has generated numerous class actions. The FDCPA expressly provides private rights of action and for the recovery statutory damages as well as actual damages.

FDCPA Class Actions Statutes & Rules Uncategorized

Furnishing Deceptive Forms (15 U.S.C. § 1692j): Statutory Language for the Defense Lawyer of Class Action Lawsuits Under Federal FDCPA (Fair Debt Collection Practices Act)

The federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., has spawned numerous class action lawsuits, presenting defense attorneys with a wide array of claims. As a resource to the class action defense lawyer, we quote below the statutory provision of the FDCPA concerning deceptive forms: § 1692j. Furnishing certain deceptive forms (a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

FDCPA Class Actions Statutes & Rules Uncategorized

Legal Actions By Debt Collectors (15 U.S.C. § 1692i): Statutory Language for the Defense Lawyer of Federal Class Action Lawsuits Under the FDCPA (Fair Debt Collection Practices Act)

Class action defense attorneys know that the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., is used frequently by a plaintiff’s lawyer to bring a class action against a debt collector for violating the FDCPA’s terms. The FDCPA, however, also includes provisions for lawsuits brought by debt collectors. Specifically, § 1692i addresses the venue for such lawsuits. It provides: § 1692i. Legal actions by debt collectors

FDCPA Class Actions Statutes & Rules Uncategorized

Multiple Debts (15 U.S.C. § 1692h): Federal Statutory Language for the Defense Lawyer of Class Action Lawsuits Under the FDCPA (Fair Debt Collection Practices Act)

Class action defense attorneys know that many provisions of the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., form the basis of class actions, other provisions do not appear to be controversial. For example, even if a plaintiff’s lawyer has argued a violation of § 1692h, concerning multiple debts, it appears that it has not yet generated any appellate decisions. The statutory language of the FDCPA concerning multiple debts is as follows:

FDCPA Class Actions Statutes & Rules Uncategorized