A Legal Guide to PRIVACY AND DATA SECURITY 2024

consumer reporting agency and therefore not covered by FCRA. According to the FTC, Spokeo sold personal profiles that it had assembled, including information gleaned from social media, to HR, recruiting, and screening businesses as information they could then use in deciding whether or not to interview or hire a candidate. [See U.S. v. Spokeo, Inc. No. 2:12-cv- 05001 (C.D.Cal. 2012)]. Telecheck Services, Inc., one of the largest check authorization service companies, agreed to pay $3.5 million and to alter their business practices as necessary to settle FTC charges that it violated FCRA. [See U.S. v. Telecheck Services, Inc. et al. , No. 1:14-cv-00062 2014)]. This followed an earlier FTC settlement with Certegy Check Services, Inc., another check authorization company for $3.5 million based on similar charges of FCRA violations. [See U.S. v. Certegy Check Services, Inc. , No. 1:13-cv-01247 (D.C. 2014)]. In 2020, the FTC announced its first action against a business for failing to provide transaction records to identity theft victims as required by the FCRA. The settlement with retailer Kohl’s included a $220,000 civil penalty. The FTC also took action against Midwest Recovery Systems, a debt collection agency for its violation of the FCRA. Midwest Recovery Systems allegedly placed questionable or inaccurate debts onto consumers’ credit reports to coerce them to pay the debts. The settlement prohibits the company from such practice, known as “debt parking” and requires that the company delete the debts it previously reported to credit reporting agencies. The FTC has also brought enforcement actions against a number of other businesses that are often settled by entry of a consent decree and typically involve civil fines, consumer reimbursement and additional regulatory oversight. On December 19, 2022 the FTC announced that it reached the largest

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