Podcast
FCRA Focus
Hosted by Dave Gettings, Kim Phan, Troutman Pepper Locke · EN
FCRA Focus is dedicated to discussing "all things" related to the Fair Credit Reporting Act, which regulates the collection of consumers' consumer information and access to their consumer reports. Each episode explores an interesting aspect of consumer reporting, with the aim of providing new insights that help consumer finance businesses do their jobs better. Guests from the industry and lawyers for consumers as well as business insiders will join hosts Dave Gettings and Kim Phan in this podcast series.
16episodes
Episodes
Newest firstAll episodes
Nationwide Shifts in Background Checks: New York’s Credit Ban, Virginia's Sealed Records Law, and Federal FCRA Reform
4d ago00:23:41Tap to summarizeIn this episode of FCRA Focus, hosts Kim Phan and Dave Gettings are joined by colleague Tim St. George to unpack major legislative developments impacting employment background screening. They discuss New York's new statewide ban on the use of consumer credit history in most hiring and employment decisions, Virginia's upcoming requirements for background screening businesses, and emerging federal proposals that could reshape FCRA liability, reseller obligations, and the reporting of criminal and credit information. The conversation highlights notable litigation trends, preemption and First Amendment issues, and practical steps for employers, CRAs, and resellers navigating rapidly evolving state and federal requirements. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →California DFPI's Next Target: Credit Reporting Industry
Feb 2300:19:57Tap to summarizeIn this episode of FCRA Focus, host Kim Phan is joined by Michael Yaghi, partner in Troutman Pepper Locke's Regulatory Investigations, Strategy + Enforcement practice group, to unpack the California Department of Financial Protection and Innovation's (DFPI) latest effort to require registration for the credit reporting industry. They discuss DFPI's second request for comment, how it fits into California's broader push to regulate nonbank financial services, and which entities may be swept in beyond the "big three" consumer reporting agencies — such as furnishers, data brokers, specialty credit reporting agencies, resellers, and fintechs. Kim and Michael also explore how narrowly (or broadly) the rules might be drawn, potential overlap and tension with existing FCRA requirements, what registration and reporting could mean in practice for covered entities, and what companies should be doing now as the February 26 comment deadline approaches. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Resellers in the Middle: Duties, Data, and Defenses Under the FCRA
Jan 2100:23:18Tap to summarizeIn this episode of FCRA Focus, host Dave Gettings is joined by Troutman colleagues Cindy Hanson and Noah DiPasquale for a deep dive into reseller litigation under the Fair Credit Reporting Act. The trio breaks down what a "reseller" is under 15 U.S.C. 1681a(u), how resellers function as intermediaries between originating consumer reporting agencies and end users, and why that limited role matters when evaluating claims under 1681e(b) and 1681i. They discuss recent case law on reasonable procedures, the impact of 1681i(f)'s limited dispute obligations, and practical litigation strategies, including leveraging industry standards, expert testimony, and arguments against double recovery under the one-satisfaction rule and setoff. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Inside the Homebuyers Privacy Protection Act: A Conversation With the Mortgage Bankers Association
Dec 900:19:17Tap to summarizeOn this episode of FCRA Focus, Kim Phan is joined by Rachel Kelley and Alisha Sears from the Mortgage Bankers Association to discuss the Homebuyers Privacy Protection Act, which amends the Fair Credit Reporting Act to address residential mortgage trigger leads with the goal of curbing abusive calls while preserving meaningful competition. This law now requires both a firm offer of credit and documented consumer authorization, with limited exceptions for current originators, servicers, and depository institutions/credit unions holding an account. They discuss how the law places the primary obligations on consumer reporting agencies, what lenders should expect around consent certifications, the Government Accountability Office study on trigger-leads, and the upcoming effective date. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →The CFPB's FCRA Preemption Flip: What It Means for Consumer Reporting
Nov 1800:22:23Tap to summarizeIn this episode of FCRA Focus, co-hosts Dave Gettings and Kim Phan are joined by partner Stefanie Jackman to unpack the Consumer Financial Protection Bureau's (CFPB) evolving interpretation of Fair Credit Reporting Act (FCRA) preemption. They trace the timeline from the CFPB's July 2022 interpretive rule, through its withdrawal in May 2025, to the October 2025 confirmation and new guidance embracing a broader view of preemption under 15 U.S.C. § 1681t(b)(1). The team discusses how the CFPB's latest stance could impact state laws regulating consumer reports beyond "credit" — including medical debt, rental information, and criminal background checks — and why interpretive rules, despite being helpful and persuasive, are not binding on courts. They also explore practical implications for litigation and compliance, the current judicial environment for agency deference, and the ongoing tension between the need for nationwide uniformity and the growing patchwork of state-by-state mini-FCRA laws. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Suluki Secrets: Behind the Scenes of Reasonable Investigations
Jul 3000:18:11Tap to summarizeIn this episode of FCRA Focus, host Dave Gettings is joined by Brooke Conkle and Mandi Blackmon to explore the intricacies of a furnisher's reasonable investigation under Section 1681s-2(b) of the Fair Credit Reporting Act (FCRA). The discussion centers around the Second Circuit's recent decision in the Suluki case, which addresses the standards for conducting a reasonable investigation in the context of identity theft allegations. The hosts delve into the background of the case, the arguments presented by both parties, and the court's rationale in affirming summary judgment for the defendant. They also examine how this decision aligns with prior Second Circuit precedent and its implications for compliance and litigation strategies. Tune in for a detailed analysis of how the Suluki decision reinforces the principle that investigations must be reasonable, not perfect, and what this means for furnishers navigating similar claims. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Regulatory Rollback: Inside the CFPB's FCRA Guidance Withdrawal
Jun 1000:22:39Tap to summarizeIn this special crossover episode between FCRA Focus and The Consumer Finance Podcast, Kim Phan, Dave Gettings, Chris Willis, and Cindy Hanson explore the recent withdrawal of Consumer Financial Protection Bureau (CFPB) guidance affecting the Fair Credit Reporting Act (FCRA). This episode provides a comprehensive analysis of how these changes impact key areas such as preemption, background screening, permissible purpose, artificial intelligence, and state attorneys general enforcement actions. The discussion highlights the implications for consumer reporting agencies, furnishers, end-users, and the broader regulatory landscape, offering valuable insights for professionals navigating these evolving challenges. Tune in to understand the potential shifts in compliance and enforcement. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →Tenant Tales and Reseller Realities: Inside the FCRA Arena With Eric Ellman
May 27, 202500:21:05Tap to summarizeIn this episode of FCRA Focus, hosts Kim Phan and Dave Gettings are joined by Eric Ellman, president of the National Consumer Reporting Association (NCRA), for an insightful discussion on the current landscape of tenant screening and mortgage reporting resellers. Eric shares his thoughts on the challenges these industries face, including increased litigation and regulatory pressures at the state level. The conversation delves into the unique role of resellers in the consumer reporting ecosystem and the legal ambiguities affecting them. Eric also discusses the NCRA's advocacy efforts to address these issues and highlights the potential for growth through technology and artificial intelligence. Tune in to understand the complexities and opportunities within the tenant screening and reseller sectors, all while enjoying Eric's sartorial flair. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →The Next FCRA Frontier: Identity Theft and CFPB Updates
Apr 29, 202500:20:39Tap to summarizeIn this episode of FCRA Focus, hosts Kim Phan and Dave Gettings bring you the latest updates from the regulatory and litigation sides of the house. Dave shares his insights on the challenges and litigation surrounding identity theft investigations, offering practical tips for furnishers to navigate these complex issues. Kim provides an overview of the Consumer Financial Protection Bureau's renewed supervision efforts and what it means for Fair Credit Reporting Act compliance. Tune in for an engaging discussion filled with valuable information and practical advice. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
Transcribe →2024 Credit Reporting Review: Impactful Changes and Future Forecast
Mar 28, 202500:26:55Tap to summarizeIn this episode of FCRA Focus, host Dave Gettings is joined by Cindy Hanson, Scott Kelly, and Tim St. George, partners in Troutman Pepper Locke's Consumer Financial Services Practice Group, to discuss the most impactful regulatory issues in credit reporting from 2024 and their potential impact in 2025. The discussion covers developments in background screening, the Consumer Financial Protection Bureau's advisory opinions on reasonable procedures, and proposed rulemaking related to medical debt. The group also explores emerging litigation trends and the impact of recent regulatory activities on industry standards. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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