Consumer Reporting Agencies

Representative Experience

  • Lead counsel defending a consumer reporting agency in a nationwide putative class actions brought in Ohio and Mississippi under the Fair Credit Reporting Act addressing background checks run for applicants seeking on-site access to several major railroad properties.
  • Lead counsel successfully resolving a portfolio of claims against a consumer reporting agency, the majority of which pre-litigation, including claims in California, Georgia and Texas.
  • Lead counsel successfully representing a consumer reporting agency secure the prompt dismissal of a putative nationwide class action filed in California that remains pending against other defendants.
  • Advised a publicly traded corporation regarding the potential jurisdiction of the Consumer Financial Protection Bureau over the operations of multiple subsidiaries. Work included assessments of whether subsidiaries were “covered persons”, whether subsidiaries may be considered to be “larger participants” subject to CFPB supervision, and authority the CFPB may exercise over the company and its subsidiaries under consumer protection statutes for which full or partial authority was transferred to the CFPB.
  • Successfully represented a consumer reporting agency before the Federal Trade Commission in a nonpublic FTC inquiry into compliance with the Fair Credit Reporting Act. Following document productions, responses to interrogatories, and meetings with the FTC staff, the inquiry was closed without further action by the FTC.
  • Served as lead counsel for a national consumer reporting agency in the first Federal Trade Commission data breach investigation and action.
  • Represented a large consumer information company in one of the nation’s first high profile data breaches. In addition to representing the client before the Federal Trade Commission, we also advised the client on consumer breach notification issues, congressional testimony, and enhancements to the client’s internal controls.
  • Provided counsel and strategic advice to the background screening industry on employment and tenant screening issues before the U.S. Congress and multiple federal agencies.