Financial Privacy

The U.S. Supreme Court ruled on Tuesday that the federal government does not always lose its sovereign immunity to damages lawsuits claiming that an agency violated the Fair and Accurate Credit Transactions Act (“FACTA”) by printing the expiration date of a credit card on a receipt issued to a consumer. In a unanimous decision, authored by Justice Antonin Scalia, the Court rejected a November 2010 ruling by the Federal Circuit that the Little Tucker Act authorized the government to be sued for money damages under the Fair Credit Reporting Act (“FCRA”), which FACTA amended.  

James Bormes, a Chicago lawyer, paid a $350 court filing fee through the federal government’s pay.gov system with his American Express card. He was sent an electronic receipt for the transaction, which contained his credit card’s expiration date. Bormes alleged that this violated FACTA’s prohibition on printing expiration dates on credit card receipts issued at the point of sale.  He sued the government, seeking class-action status on behalf of thousands of people issued receipts that displayed card expiration dates or more than the last five digits of credit and debit card numbers (which FACTA also prohibits).

The district court initially dismissed the suit, finding that the FCRA does not contain an explicit waiver of the government’s sovereign immunity and could, therefore, not allow for the plaintiff’s damages claims. Bormes appealed to the Federal Circuit, which has exclusive jurisdiction for appeals in which a lower court’s jurisdiction was based partly on the Little Tucker Act. The government moved to transfer the suit to the Seventh Circuit, arguing that the Act’s jurisdictional provision did not apply. The Federal Circuit denied the motion and vacated the lower court’s ruling. The federal government then took the sovereign immunity issue to the Supreme Court.Continue Reading Government May be Immune to Suits Alleging Violations of FACTA

Last week, the Consumer Financial Protection Bureau (CFPB) announced that it had established a process for assisting consumers with credit reporting complaints.  The CFPB previously had implemented similar processes for complaints relating to credit cards, mortgages, bank accounts and services, private student loans, vehicle, and other consumer loans.  The complaint…

Continue Reading CFPB Offers Assistance for Consumer Credit Reporting Complaints

On October 26, 2012, the FTC finalized settlements with Georgia auto dealer Franklin Budget Car Sales, Inc. and Utah-based debt collector EPN Inc. over charges that each company illegally exposed sensitive personal information of consumers by allowing peer-to-peer (P2P) file-sharing software to be installed on their corporate computer systems.  The final settlements follow a notice-and-comment period opened to the public in June 2012.Continue Reading FTC Finalizes Settlements with Companies for Exposing Sensitive Consumer Information through Installation of Peer-to-Peer File Sharing Software

Last week, the Consumer Financial Protection Bureau (CFPB) released a study comparing credit scores sold to creditors and those sold to consumers.  The study found that approximately 1 in 5 consumers would, upon purchasing their credit score from a consumer reporting agency, receive a different credit score than the score…

Continue Reading CFPB Study Assesses Differences in Credit Scores Sold to Consumers and Creditors

In an interview with Information Security Media Group, William Henley, Associate Director of the Federal Deposit Insurance Corporation’s (FDIC) Technology Supervision Branch, discussed the status of the banking industry’s implementation of FFIEC authentication guidance released in July 2011.  Henley generally said that the industry was working towards compliance and offered…

Continue Reading FDIC Official Discusses Implementation of FFIEC Authentication Guidance

An employment background screening company will pay a $2.6 million civil penalty to settle Federal Trade Commission charges under the Fair Credit Reporting Act.   The FTC alleged that HireRight Solutions, Inc., which compiles background reports to assist employers in making hiring and other employment-related decisions, is a consumer reporting agency…

Continue Reading FTC Obtains Second Largest Civil Penalty Under FCRA

The Consumer Financial Protection Bureau (CFPB) has issued a final rule to implement its authority under section 1024 of Dodd-Frank to subject “larger participants” in the consumer reporting market to CFPB supervision.  The rule will have significant consequences for companies in the consumer reporting industry.  The final rule follows a proposed rule issued in February 2012 indicating that the CFPB intended to supervise the consumer reporting market as part of the CFPB’s authority to supervise nonbank providers of consumer financial products and services.  The final rule is effective September 30, 2012. 

The final rule defines a “larger participant” in the consumer reporting market as a nonbank covered person that offers or provides consumer reporting and has annual receipts from consumer reporting in excess of $7 million.Continue Reading CFPB Issues Rule to Supervise Larger Participants in Consumer Reporting Market

On July 10, the Federal Financial Institutions Examination Council (FFIEC) issued risk management guidance for depository institutions’ use of cloud computing.  The guidance defines cloud computing generally as “a migration from owned resources to shared resources in which client users receive information technology services, on demand, from third-party service providers via the Internet ‘cloud.’”  The guidance also considers cloud computing to be a form of outsourcing subject to the risk management requirements set forth in the FFIEC Information Technology Examination Handbook for Outsourcing Technology Services.Continue Reading FFIEC Issues Risk Management Guidance for Cloud Computing

Yesterday, Village View, Inc. reached a settlement with Professional Business Bank, a California state-chartered bank subject to regulation by the Federal Deposit Insurance Corporation (FDIC), over the company’s lawsuit against the bank arising from a data security breach.  In March 2010, Village View lost nearly $400,000 after the company’s bank…

Continue Reading Settlement Reached in Data Security Breach Lawsuit Against Bank

Yesterday, the Federal Trade Commission entered into a consent decree with Spokeo, Inc., for violations of the Fair Credit Reporting Act.  As reflected in the FTC staff blog post, the FTC’s action against Spokeo is the first FCRA case to address the sale of data collected from online sources…

Continue Reading FTC Enters into Consent Order with Spokeo over Fair Credit Reporting Act Violations