The case law surrounding the Fair Credit Reporting Act (FCRA) is ever-changing, and staying up to date on certain, key statutory definitions is a core compliance task for any company subject to the FCRA.
The FCRA is a frequent driver of litigation, so courts have had numerous opportunities to weigh in on many of the unanswered questions that remain in litigation almost 50 years since the statute was first enacted, including lingering questions about statutory definitions. Here, we highlight 10 key FCRA cases and developments in 2019 and early 2020.
FCRA Definition of a Consumer Reporting Agency
The FCRA defines a consumer reporting agency (CRA) as (1) “any person which … regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers” and (2) “for the purpose of furnishing consumer reports to third parties.” In 2019, three significant decisions clarified this definition and the scope of liability for CRAs versus users or furnishers. FULL ARTICLE