We advise and defend consumer reporting agencies as well as data providers, furnishers, and others who service the background screening industry. Our representation is comprehensive, including advising clients on compliance matters, reviewing and drafting policies and procedures, review of service agreements, and representation with respect to pre-litigation demand letters, indemnification demands, and individual and class action litigation. We represent credit reporting agencies, employment background, and tenant-screening companies, as well as companies that furnish them with public record information and industry trade associations.
We handle complicated compliance issues relating to the Fair Credit Reporting Act (FCRA), Gramm Leach Bliley Act (GLBA), the Driver’s Privacy Protection Act (DPPA), and other federal and state statutes related to consumer reporting. We also advise clients on data security issues and obligations related to data breaches and notification under state laws. We have a strong record of accomplishment in defending consumer reporting agencies in FCRA litigation as lead counsel in class action and individual claims litigation around the country. We also provide legislative and regulatory representation on issues pending before the U.S. Congress and federal agencies such as the Federal Trade Commission (FTC) and Consumer Financial Protection Bureau (CFPB).
Our team also has extensive experience advising clients on non-FCRA regulated products, including whether an offering is subject to the FCRA. Our attorneys are also well-versed in state privacy laws such as the California Consumer Privacy Act (CCPA) and compliance with international regulations such as the European Union’s General Data Protection (GDPR), cross-border transfers of personal data from the European Union (EU) to the United States, and certification under the EU-U.S. and Swiss-U.S. Privacy Shield frameworks, as well as standard contractual clauses.
AGG attorneys have represented clients before the FTC, CFPB, as well as federal and state court in civil investigative demands, non-public inquiries, and contested litigation regarding FCRA issues.
Our attorneys have served as national legislative counsel to the National Association of Professional Background Screeners (NAPBS), now the Professional Background Screeners Association (PBSA). We are active participants with NAPBS, engaged in committees as well as regularly speaking at conferences and on association-sponsored webinars. We serve as counsel for the Consumer Data Industry Association (CDIA). AGG attorneys have appeared and spoken or advocated before the FTC, CFPB, Equal Employment Opportunity Commission, U.S. Commission on Civil Rights, and U.S. Chamber of Commerce on issues that impact the background screening industry.