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COVID-19 and Credit Reporting - Regulatory Response and Resulting Litigation Risks

Passed in response to the impact of COVID-19, section 4021 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (H.R. 748, 116th Cong. (2020)) amended the Fair Credit Reporting Act (FCRA) in a variety of ways that impact credit reporting entities.  Mainly, it requires a furnisher of credit information…

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Supreme Court Hears Argument on Future of FDCPA Landscape

The issue of whether the Fair Debt Collection Practices Act (FDCPA) applies to non-judicial foreclosure proceedings is now squarely before the U.S. Supreme Court.  Following oral arguments last week in the case Obduskey v. Wells Fargo, et al., No. 17-1307, the Justices will be tasked with deciding whether non-judicial foreclosures qualify…

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