Fair Credit Reporting Act

Akin’s multidisciplinary Fair Credit Reporting Act (FCRA) team helps clients navigate the complexities of the law and issues concerning data usage, employment, privacy and security. Compliance with the FCRA and state laws is increasingly important for businesses that use information obtained during background checks. Noncompliance regarding the use of sensitive medical, criminal history, personal or credit and other financial information can result in serious consequences, including class action litigation.

Our lawyers have served in various roles within the Federal Trade Commission (FTC), Department of Justice (DOJ), Equal Opportunity Employment Commission (EEOC) and Congress and have a broad understanding of the laws and issues surrounding the FCRA, Fair and Accurate Credit Transactions Act of 2003 (FACTA) amendments and related state laws.

We are also experienced in advising and representing clients against adverse actions based on information obtained from consumer reports or identity theft.

Services in-depth

Akin provides counsel and solutions in the following key areas, among others.

Enforcement

We counsel clients regarding their use of consumer reports and compliance with the FCRA obligations, as well investigations and actions brought by the EEOC, FTC and DOJ. This includes drafting disclosure and authorization forms that comply with the FCRA.

Class action litigation

Our lawyers defend companies in a wide range of industries, including healthcare, retail, hospitality, insurance, financial and telecommunications, in FCRA-related class actions, including notice and authorization aspects of the FCRA.

Privacy and Data Security

We help clients navigate the regulatory requirements related to privacy and data security, including advising clients on the collection, use, protection and dissemination of consumer information as well as assisting clients with data breach preparedness and response efforts, and related disputes and investigations.

Labor and Employment

Our team advises employers regarding compliance with requirements of the FCRA and relevant state laws when obtaining criminal and credit history information for use in employment decisions and defending EEOC-related matters and litigation filed by private parties.

Lobbying and Public Policy

We advocate on behalf of clients before Congress and counsel regarding state legislation on issues related to the FCRA and protection for businesses.

Appellate

Akin represents businesses before federal courts of appeals, state supreme courts and state courts of appeal in class actions involving data breaches, privacy violations and similar claims.