Fair Credit Reporting Act Update—2024

The Consumer Financial Protection Bureau (“CFPB” or “Bureau”) and the Federal Trade Commission (“FTC”) continue to be active under the Fair Credit Reporting Act (“FCRA”). In prior years, this survey focused on legislation, enforcement, and litigation, but, with an activist CFPB focusing on ex ante regulation, rather than ex post enforcement, this survey primarily focuses on rulemaking and interpretation. Given this focus, we expect next year’s survey to cover an increasing number of legal and Administrative Procedure Act challenges to the CFPB’s regulatory determinations.