Getting Credit When You're Over 62
Federal Trade Commission
Brochure from the Federal Trade Commission for consumers over 62 which explains their rights under the Equal Credit Opportunity Act and offers tips for applying for and maintaining credit.
Could Your Sexual Harassmant Investigation be Subject to the Requirements of the Fair Credit Reporting Act?
Pillsbury Winthrop Shaw Pittman LLP
Yes, according to a recent opinion letter from the Federal Trade Commission (FTC). Why should you be concerned .
Employer Background Checks: New Obligations and Restrictions Imposed by the Consumer Credit Reporting Reform Act
Teresa Butler of Littler Mendelson, P.C.
This article discusses the Fair Credit Reporting Act and its impact on present day practices.
Electronic Records and Signatures in Healthcare and the Interplay of E-Sign, HIPAA and UETA
Christian James Helbling of Buchanan Ingersoll & Rooney PC
The healthcare industry is highly regulated by a complex statutory and regulatory framework at every level. Electr.
Aspects of Doing Business in the United States
Charles E. McCallum of Warner Norcross & Judd LLP
This article is designed to acquaint you with certain legal aspects of doing business in the United States, and to give some general guidance as to the way in which the American business enterprise normally interacts with the legal system.
The Fair Credit Reporting Act And Workplace Investigations
Bodman LLP
On April 5, 1999, the Federal Trade Commission (FTC) issued an opinion letter regarding sexual harassment investiga.
Workplace Misconduct Investigations Now Excluded from the Fair Credit Reporting Act
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
President Bush recently signed into law the Fair and Accurate Credit Transactions Act (FACTA), which reauthorizes the Fair Credit and Reporting Act (FCRA) and eliminates third-party misconduct investigations from the FCRA's coverage. Employers will now be free to use outside experts to investigate employees without the employee's advance knowledge or consent.
New California Marketing Laws and How They May Impact Your Business
Justine Young Gottshall of Wildman, Harrold, Allen & Dixon LLP
Two California laws are scheduled to take effect in the coming months, one on July 1, 2004 and one on January 1, 2005, that may significantly impact your business, even if your business is not based in California. These laws govern marketing activity and the collection of information from California residents.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 603(b)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes whether an employer that enters into a bona fide independent contractor relationship must comply with the applicable provisions of the Fair Credit Reporting Act.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 604
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the propriety of obtaining consumer reports on individuals visiting auto showrooms and disclosure requirements when obtaining consumer reports on prospective or current employees.
Marketing and Sale of Consumer Products and Services in Shanghai to Be Impacted by the New Municipal Rules on Consumer Protection
Ron Rongwei Cai of Davis Wright Tremaine LLP
On October 28, 2002, Shanghai Municipal People's Congress amended the "Shanghai Municipal Rules on the Protection of Consumer Interest" (the "Rules"). The Rules will enter into effect on January 1, 2003. The implementation of the Rules will have a significant impact on the current marketing and sale practices in Shanghai.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 604(b)(2)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes notification requirements under the Fair Credit Reporting Act by employers to future or current employees when obtaining consumer reports.
New FTC Regulations On Proper Destruction of "Consumer Information": Steps Employers Need to Take to Comply
Philip L. Gordon and Cathy S. Beyda of Littler Mendelson, P.C.
Effective June 1, 2005, the new regulations require employers to take reasonable steps to prevent unauthorized use of and access to consumer information during disposal of such information.
Online Consumer Protection
George S. Takach of Lexpert
Over the past several years various legislative initiatives have made doing business online more legally certain. For example, the so-called "electronic commerce statutes", such as Ontario's Electronic Commerce Act, 2000 (and its various counterparts in the common law provinces, all more or less based on the Uniform Electronic Commerce Act), are very helpful in detailing how the "writing" and "signature" requirements of other statutes may be satisfied in the online world.
Employers Bound by FTC's New Consumer Information Disposal Rule
Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP
On June 1, the Federal Trade Commission's (FTC) new rule regarding disposal of personally identifying consumer information took effect. This rule was implemented as part of the Fair and Accurate Credit Transactions Act of 2003 to help combat consumer fraud and identity theft by prohibiting the improper disposal of consumer information. The rule applies to every company, regardless of industry or size, that obtains personally identifying consumer information derived from a credit report.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 604(b)(2), 604(b)(3), 606(a), and 606(b)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes whether employers must comply with Fair Credit Reporting Act when obtaining consumer reports on current employees suspected of criminal or other workplace misconduct.
New Federal Regulation On Method Of Destruction Of Certain Employment Records
Michael Aldana of Quarles & Brady LLP
As part of the federal government's fight against indentity theft, effective June 1, 2005, employers who discard certain information about employees will be required to make efforts to ensure that those records are actually destroyed. Under changes to the Fair Credit Reporting Act, employers and other entities that possess consumer report information for a business purpose must take reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal.
How to Dispute Credit Report Errors
Federal Trade Commission
Steps for consumers from the Federal Trade Commission on how to obtain a credit report and dispute any reporting errors.
Job Applicant Must Consent For Use Of Credit Checks
Ford & Harrison LLP
As of September 30, 1997, changes in the Fair Credit Reporting Act require employers to obtain an applicant's or em.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 605(c) and 623(a)(5)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the calculation of the period for which a consumer reporting agency is permitted to report accounts that have been charged off, placed for collection, or subject to similar action.
Information for Victims and Witnesses Who Report Fraud Crimes
Department of Justice
This brochure provides general information regarding how Fraud cases are investigated, what services and information are available to victims, and how a victim should begin to cope with financial losses.
Using Credit Reports -- Subsequent Disclosure is no Longer Sufficient
Dykema Gossett PLLC
Employers frequently use consumer reports and credit checks to gain information about job applicants and promotiona.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 603(f)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the application of the Fair Credit Reporting Act in connection with the merging of consumer reports on individuals by a mortgage lender.
Employer Liable for its Employee Who Improperly Obtained a Credit Report
Bodman LLP
The Sixth Circuit Court of Appeals has ruled that an employer may be held liable under the Fair Credit Reporting Ac.
Who is Getting Sued and Why?
Jeffrey Bergin of Jones, Skelton & Hochuli, P.L.C.
The year 2000 ("Y2K") lawsuits that have been filed in the United States allege, among other things, that software .
New Requirements for Obtaining and Using Credit Reports
Duff, White & Turner, LLC
On September 30,1997, the Consumer Credit Reporting Reform Act went into effect. The CCRRA imposes new requirements.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 603(d)(2)(C)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes whether the Fair Credit Reporting Act requires a seller of consumer merchandise to give the names of creditors of a consumer to whom the consumer's application may be submitted.
Y2K Legislative Update
White and Williams LLP
1999 began with the introduction of several business-friendly Y2K federal and state legislative proposals.
Coping With a Temporary Loss of Income
Federal Trade Commission
Brochure from the Federal Trade Commission which outlines to consumers their options and rights regarding fair debt collection and credit reporting practices when they experience a temporary loss of income.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 607(b)
Federal Trade Commission
Federal Trade Commission staff opinion letter which discusses reasonable procedures under the Fair Credit Reporting Act when labeling accounts discharged in bankruptcy as "charged off as bad debt".
Mum's the WordÃÂ
Landlord Liability when Providing a Reference for a Former Tenant
Robert S. Coldren of Hart, King & Coldren
You are sitting at your desk when the phone rings. On the line is the landlord or manager of a community which a f.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(f), 609, and 612
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the application of the Fair Credit Reporting Act to services which procure medical records and attending physician statements for insurance underwriting purposes.
Fair Credit Reporting
Federal Trade Commission
Summary from the Federal Trade Commission of commonly asked questions regarding consumer reports and credit reporting agencies.
Important Information About The Fair Credit Reporting Act
Paul, Hastings, Janofsky & Walker LLP
Employers often use outside agencies to obtain information on job applicants or current employees. While such info.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 603(d)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes applicability of the Fair Credit Reporting Act to reports disseminated by Dun & Bradstreet for a small business.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(h) and 603(k)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes whether the use of consumer reports constitutes "employment purposes," as defined by the Fair Credit Reporting Act and if this information is considered an adverse action under Section 603(k).
Y2K Federal Statutory Update
Capehart & Scatchard, P.A.
Congress passed the following two Acts in anticipation of the potential for litigation .
Customer Privacy Becomes the Hot Button Voluntary Action Regarding Online Privacy of Customer Information is Encouraged
Jaffe Raitt Heuer & Weiss, P.C.
Little has captured the attention of the banking regulators lately as much as electronic banking.
The Development of Consumer Rights in the United States Slowed by the Power of Corporate Political Contributions and Lobbying
Richard Alexander of Alexander Hawes LLP
This article discusses the progress of consumer rights legislation in the wake of the growth of corporate lobbying efforts.
New Regulations For Internal Investigations
Hunter B. Emerick of Saalfeld Griggs PC
This update provides a brief overview of the Federal Trade Commission's opinion relating to the Fair Credit Reporting Act and internal employment investigations.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(d) and 605
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the application of the Fair Credit Reporting Act in connection with the collection of consumer reports for employment purposes.
FTC REVIEW: July 1999
Lewis Rose,John Feldman,Margo Fowler,D. Reed Freeman and Christie Grymes of Arent Fox LLP
Each month, Arent Fox's advertising lawyers prepare this summary of major law enforcement actions announced by the U.S. Federal Trade Commission ("FTC") during the previous month. The summary highlights FTC advertising actions against well-known corporations engaged in national advertising, law enforcement "sweeps," and civil penalty actions.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(f) and 604(a)(3)(A)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes whether the joint user exception to the definition of consumer reporting agency under the Fair Credit Reporting Act requires disclosure to the consumer of the identity of other potential lenders.
The Fact And How It Affects FCRA And Employment Investigations (The Vail Letter)
Rod M. Fliegel and Ronald D. Arena of Littler Mendelson, P.C.
On December 4, 2003, President Bush signed the Fair and Accurate Credit Transactions Act of 2003 . Title VI of the FACT nullifies the Vail letter by excluding misconduct investigations from the FCRA's more onerous provisions, including the need for the accused's advance consent to investigate. However, employers must be mindful of Title VI's scope limitations as well as new obligations regarding medical information.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 605(a)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the length of time that a consumer reporting agency may report adverse items of information under the Fair Credit Reporting Act.
The Effect of Recent Amendments to The Federal Fair Credit Reporting Act
McMillan, Rather, Bennett & Rigano, P.C.
Congress recently amended the federal Fair Credit Reporting Act ("FCRA") to further regulate the use and disclosure.
Mortgage Discrimination
Federal Trade Commission
Brochure from the Federal Trade Commission which describes consumer protections when applying for a mortgage to purchase, refinance a home or make home improvements against discrimination in the Equal Credit Opportunity Act and the Fair Housing Act.
Credit and Your Consumer Rights
Federal Trade Commission
Brochure from the Federal Trade Commission which explains consumer rights under credit laws and offers practical tips to help you solve credit problems.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 603(k)(1)(B)(iv)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes whether the Fair Credit Reporting Act requires a landlord to provide notice of an adverse action to a co-signer/guarantor of a rental application when the action is based on a consumer report.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(f), 604(b), 606, 615(a)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the application of the Fair Credit Reporting Act to public school districts in connection with background checks they conduct on employment applicants.
Investigating Employee Wrongdoing and Workplace Misconduct: Navigating the Amended Fair Credit and Reporting Act
Kathleen Dent and Sheehan Sullivan Weiss of Davis Wright Tremaine LLP
With the new Fair and Accurate Credit Transactions Act (FACT) signed into law on Dec. 4, 2003, Congress amended the Fair Credit Reporting Act (FCRA) and clarified the FTC's role in regulating workplace investigations. Specifically, the amendments exclude certain workplace investigations from the cumbersome notice and consent requirements contained in the FCRA. The amendments also contain new disclosure requirements when a workplace investigation results in an adverse employment action for an employee.
Consumer Reports: What Insurers Need to Know
Federal Trade Commission
Brochure which describes how insurers must comply with the Fair Credit Reporting Act when underwriting policies or screening high-risk applicants.
Is litigation the only alternative?
Popham, Bloomquist, and Halper, P.A.
One of the themes that I have stressed in many of my articles, which is also a theme I stress in daily practice, is.
How to Write Readable Credit Forms
Federal Trade Commission
Brochure from the Federal Trade Commission with tips for businesses on how to write understandable consumer contracts. The brochure also outlines applicable federal and state legal requirements surrounding document content and organization.
Using Consumer Reports What Employers Need to Know
Federal Trade Commission
Brochure which describes how employers must comply with the Fair Credit Reporting Act when using consumer reports during the hiring process or during the promotion, reassignment, and retention of an employee.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 605
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes whether the time limits on reporting adverse information found in the Fair Credit Reporting Act apply to the verification of graduation and past employment.
Labor and Employment Update
Pepper Hamilton LLP
This update discusses the FTC's recent opinion letter concluding that the Fair Credit Reporting Act (FCRA) governs workplace investigations of harassment allegations by outside investigators.
Reflections on Credit Card Practices and Legislative Reform Proposals
Todd J. Zywicki* of The Federalist Society
The myriad uses of credit cards and the increasing heterogeneity of credit card owners has spawned increasing complexity in credit card terms and concerns about confusion that may reduce consumer welfare. However, is further legislation or regulation of credit card terms or disclosures appropriate?
Fact Sheet: NCUA Fraud Hotline
National Credit Union Administration, General Counsel
This fact sheet answers basic questions about the National Credit Union Administration fraud hotline.
Equal Credit Opportunity Act
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Liberty Leasing Co. v. Machamer, 1998 WL 289243 (S.D. Ohio 5/28/98). EQUAL CREDIT OPPORTUNITY ACTÃÂPlaintiff sues .
Stepping Out - Part 2
Missouri Bar Center
This article has been specially prepared as an introduction of your rights and responsibilities as an adult citizen of the United States.
Equal Credit Opportunity
Federal Trade Commission
Brochure from the Federal Trade Commission describing what a creditor may and may not do when a consumer applies for credit under standards established in the Equal Credit Opportunity Act.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(h) and 604(b)(3)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes whether contract employees are considered employees under the Fair Credit Reporting Act.
Can the Y2K "Millennium Bug" Lead to Litigation?
Hart, King & Coldren
The answer is yes. The "Millennium Bug" or "Y2K" problem is relatively simple to understand, but can have complex.
Banking and Financial Institutions Regulatory Law
James R Christie and Ian J Binnie of Blake, Cassels & Graydon LLP
This past year has been a comparatively quiet period for developments in the regulation of Canada's financial services sector. So it seems appropriate to take a retrospective look at two quite different regulatory stories from the past few years?the fate of bank mergers and the emergence of the Financial Consumer Agency of Canada (the "FCAC") as an important consumer protection body.
Employer Beware: The Fair Credit Reporting Act Applies to Employee Misconduct Investigations
Momkus McCluskey, LLC
In 1996, Congress passed the Consumer Credit Reporting Reform Act, Public Law 104-208, which broadened the Fair Cre.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 603(d)(1)(A)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes whether section 603(d)(1)(A) of the Fair Credit Reporting Act prohibits a credit grantor from providing a consumer reporting agency with information regarding corporate credit card performance.
Tennessee Consumer Protection Act
Fargarson & Brooke
Following its implicit holding in Morris v. Mack's Used Cars, 824 S.W.2d 538 (Tenn. 1992), the Supreme .
Consumers' Rights against Debt Collection Harassment
Stephen J. Johnson
You might agree with me that life has become pretty complex these days.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 623(a)(3) and 623(a)(5)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes whether a furnisher of information may cease reporting information disputed by a consumer until the furnisher and consumer have resolved the dispute under the Fair Credit Reporting Act.
Post Judgment Information Subpoenas to Banks Now Permitted In New Jersey
Cureton Caplan, P.C.
Effective September 1, 1998, the holder of an unsatisfied judgment in New Jersey will be permitted .
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(d) and 604(b)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the application of the amended Fair Credit Reporting Act in connection with various background checks done for employment purposes. Includes criminal, drug, driving and credit reports.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(d)(1), 603(f), 604(b)(2), 613
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the application of the Fair Credit Reporting Act to background checks obtained on both applicants for employment, and on current employees suspected of wrongdoing in the workplace.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 604(a)(3)(A)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes whether the Internal Revenue Service would have a permissible purpose under the Fair Credit Reporting Act to obtain a consumer report on the non-liable spouse of a taxpayer.
Why Your Company Should Develop a Consumer Privacy Policy for Website Collection or Dissemination of Personally Identifying Consumer Information
Kevin J. McNeely of Partridge Snow & Hahn LLP
The rapid growth of online commerce has spurred federal regulators into action to protect consumer privacy rights. .
Complying with the Credit Practices Rule
Federal Trade Commission
Business booklet prepared by the Federal Trade Commission to assist finance companies, retailers, and other creditors to comply with the Credit Practices Rule. Also discusses liability for rule violations and how exemptions are granted.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603, 607, 609
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes what a consumer reporting agency is and their duties under the Fair Credit Reporting Act.
How Could 'Tort Reform' Affect You or a Loved One?
Patrick A. Salvi of Salvi, Schostok & Pritchard, P.C.
In 1992, a 43 year-old woman was running errands on her birthday when a garbage truck drove from an alley to the .
Fair Credit Reporting Act
Fargarson & Brooke
Employers conducting credit checks on job applicants or current employees should be aware that they are subject.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 604(a)(3)
Federal Trade Commission
Federal Trade Commission staff opinion letter which discusses if, under the Fair Credit Reporting Act, prospective employers are prohibited from obtaining consumer reports prior to a conditional offer of employment to the consumer.
Tough New Rules on Employee Credit Reports
Ira Meislik of Meislik & Meislik
In a new move to protect the privacy rights of employees and prospective employees, Congress amended the F.
Applying for Credit
This article discusses your rights when applying for credit.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 604(b)(3), 609(a)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes obligations under the Fair Credit Employment act to provide copies of consumer reports to consumers when a person intends to take an adverse action against that consumer.
CONSUMER FRAUD: Spotting and Protecting Yourself Against It [A General Primer] : Entertainment
Richard Alexander of Alexander Hawes LLP
Part of the general consumer fraud primer, this section deals with entertainment types of fraud.
Identity Theft: the FTC'S Response
Federal Trade Commission
Prepared statement of the Federal Trade Commission (FTC) on identity theft before the Subcommittee on Technology, Terrorism and Government Information of the Senate Judiciary Committee.
Employment Law Group Update: Employer Prevails Where Alleged Sexual Harassment Victim Failed to Avail Herself of Company Policy
Wilson Sonsini Goodrich & Rosati
This update discusses the holding in Kohler v. Inter-Tel Technologies, where a federal district court threw out an employee?s claim of sexual harassment where the company had a sexual harassment policy in place and the employee failed to use it.
Developments in Canadian Asset Securitization
Marc J. MacMullin and F Gordon Thompson of McCarthy Tetrault
The Canadian securitization market has continued to mature in 2004. Evidence of the further development of the market included a number of new entrants into the marketplace as well as a couple of firsts from a transaction standpoint.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 604, 606
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the definition of consumer reporting agencies under the Fair Credit Reporting Act along with a discussion of notification requirements when obtaining consumer reports.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(d)(1), 604(b), 606, 607(e), 609, and 610
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the definition of consumer reports under the Fair Credit Reporting Act.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 603(o)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes exemptions to the term "consumer report" under Section 603(o) of the Fair Credit Reporting Act.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 623(a)(5)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the application of the Fair Credit Reporting Act in reporting account data to consumer reporting agencies by businesses offering vehicle leases to consumers.
Solving Consumer Problems
Federal Trade Commission
Simple strategies from the Federal Trade Commission for consumers on resolving problems with products or services.
Checking Your Credit Report
Mattleman, Weinroth & Miller, P.C.
Credit reports are free to anyone denied credit, insurance, or employment within 60 days of receiving a denial .
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 604, 615
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes compliance requirements under the Fair Credit Reporting Act when a brokerage firm requests a credit report on a client when the primary purpose is for settlement negotiations.
New Law Extends Fair Credit Reporting Act Preemption, ImposesNew Requirements on Credit Bureaus and Users
Goodwin Procter LLP
On Thursday, December 4, 2003, the President signed into law the Fair and Accurate Transactions Act of 2003. This Financial Services Alert article emphasizes the provisions of FACTA that most significantly affect lenders and other users of consumer reports. It should be noted that there are many other provisions that primarily affect consumer reporting agencies, particularly with regard to consumers who assert that they are victims of identity theft.
Fair Credit Reporting Act--Sexual Harassment Investigation.
Brown Schwartz & Patterson
The Federal Trade Commission (the "Commission") has taken the position that employers who utilize the services of o.
Federal Fair Debt Collection Practices Act May Apply to Rent Collection Practices
Saul Ewing LLP
Based upon several recent cases in federal and state courts in New York, residential landlords who use attorneys or.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 615(a)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes notifications requirements under Section 615(a) of the Fair Credit Reporting Act when an action is taken against a consumer based upon information obtained in a consumer report.
FTC Staff Opinion Letter: Fair Credit Reporting Act Section 611
Federal Trade Commission
Federal Trade Commission staff opinion letter noting that nothing in Section 611 of the Fair Credit Reporting Act requires the consumer reporting agency to duplicate the capitalization, punctuation, and paragraph styles used by the consumer.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 604(b)(2)(A), 604(b)(2)(B)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes if, under the Fair Credit Reporting Act an employer can comply with the disclosure and authorization requirements to future or present employees by including both in a single document.
FTC Review
Arent Fox LLP
In this edition of the FTC Review, the author discusses a FTC ruling that requires Doan's Pills to run corrective advertising. In addition, this edition provides an update on several FTC clean sweeps that are occurring in the travel and the internet.
Lifting The Vail: Federal Trade Commission Determines That The Fair Credit Report Act Applies To Workplace Sexual Harassment Investigations
Teresa Butler and Bryan L. Tyson of Littler Mendelson, P.C.
This article provides a quick overview of the scope and coverage of the FCRA and its potential effect on sexual harassment and other workplace investigations.
Fair Debt Collection
Federal Trade Commission
Brochure from the Federal Trade Commission answers commonly asked questions about consumer rights under the Fair Debt Collection Practices Act.
The New Sexual Harassment Pitfall: The Fair Credit Reporting Act and Sexual Harassment Investigations.
Bonnie Pierson-Murphy of Paul, Hastings, Janofsky & Walker LLP
Introduction Just as the United States Supreme Court in its Faragher v. City of Boca Roton, 524 U.S. 775 (1998),.
Terminaton of Private Mortgage Insurance
Diviacchi Law Office
Most first-time home buyers purchase their homes using mortgages with relatively small down payments. To protect t.
Fair Credit Reporting Act Amendments
Douglas R. Davis and Elisabeth S. Blattner of Parsons Behle & Latimer
An employer that uses consumer reporting agencies to get information bearing on a job applicant's or employee's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living in order to make employment decisions needs to be aware of its obligations under the Fair Credit Reporting Act ("FCRA").
Personal Bankruptcy Filings on the Decline?
Charles R. Sterbach of Gallagher & Kennedy, P.A.
As 1998 draws to a close, many experts predict another record year for personal bankruptcy filings. The 1.3 millio.
The Fair Credit Reporting Act (FCRA) and the Investigation of Employee Misconduct
Douglas B. M. Ehlke of Ehlke Law Offices
Many laws govern the employer/employee relationship, including pre-hire, hire, promotion, discipline and severing the relationship. They cover areas from discrimination to safety and health, hours worked and wrongful discharge. Employers are required to investigate allegations of harassment, hostile work environment, charges of discrimination by fellow employees and supervisors.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(d), 603(e) and 604(b)(3)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the application of the amended Fair Credit Reporting Act in connection with the collection of consumer reports for employment purposes.
Privacy Law in Q1 2002
Elisa A. Nemiroff and D. Reed Freeman, Jr. of Kelley Drye & Warren LLP
Internet privacy is one of the top policy issues facing Congress, state legislatures and regulators. At the federal level, several bills are pending. Additionally, a growing number of state legislators have concluded that industry self-regulation fails to protect consumers' online privacy.
Background Checks--BewareÃÂ
Riker Danzig Scherer Hyland & Perretti LLP
This article discusses the requirements of FCRA which are significant and the consequences of failing to comply are serious, therefore employers must be careful when using outside agencies/persons to perform background checks.
Rebuilding Your Credit
Checkett & Pauly, P.C.
Most of the American economy works on credit. Credit cards, once unique and prestigious, are now an everyday fact .
On-Line Privacy Protection Rules Take Effect
Buchanan Ingersoll & Rooney PC
The Children's Online Privacy Protection Act (COPPA) becomes effective April 21, 2000. Many companies are concerned.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(d), 603(f), and 604(b)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the disclosure requirements under the Fair Credit Reporting Act when information is provided telephonically to prospective employers about the prior work experience of applicants.
Recent Amendments to the Fair Credit Reporting Act Make It Easier for Employers to Investigate Employee Misconduct
Teresa L. Clark
On December 4, 2000, President Bush signed into law the Fair and Accurate Credit Transactions Act, a law which amends the Fair Credit Reporting Act. Although most of the provisions of the new law address credit and identify theft issues, Section 611 exempts investigations of suspected employee misconduct from FCRA's onerous reporting and disclosure provisions and makes it easier for employers to investigate workplace misconduct. This provision will become effective March 31, 2004.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 604(b)(2), 604(b)(3), 606, and 615(a)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the disclosure obligations of employers to consumers (applicants for jobs or current employees) under the Fair Credit Reporting Act.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 604(b), 605, 607
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes reporting responsibilities of consumer reporting agencies of criminal convictions that are more than seven years old and notification requirements of other criminal or negative information.
Utility Credit: Fast Facts
Federal Trade Commission
Brochure from the Federal Trade Commission which describes consumer protections against utility credit discrimination under the Equal Credit Opportunity Act.
Consumer Rights
Federal Deposit Insurance Corporation
Brochure from the Federal Deposit Insurance Corporation which describes the federal and state laws and regulations which cover many services offered by financial institutions. This brochure will assist organizations which often receive complaints about banks, savings and loan associations, and credit unions in referring complaints to the proper regulatory agency.
FTC Staff Opinion Letter: Fair Credit Reporting Act Sections 603(d), 603(f), 607(e)
Federal Trade Commission
Federal Trade Commission staff opinion letter which analyzes the application of the amended Fair Credit Reporting Act to criminal records checks done for employment purposes.
Credit Reports: What Providers Need to Know
Federal Trade Commission
Analysis of the responsibilities of information providers under the Fair Credit Reporting Act.