Scott Arkills, CEO, $781 million-asset Silver State Schools CU, Las Vegas
We continue to fight with a ruling relating to the Fair Credit Reporting Act. The Federal Trade Commission’s guidance was formally rescinded and transferred to the Consumer Financial Protection Bureau. It has become similar to the ADA website issue in there is no clear ruling from the federal government and leaves a window open for lawsuits. There is a local law firm that handles bankruptcy, then goes back and checks to see if all the credit reporting is “exactly” correct. Rather than just advising the bankruptcy client to dispute the credit report filing to correct it, they contact the credit union’s member and tell them that they should sue the credit union for damages, and oh by the way also get the reporting corrected. This law firm has sued Nevada credit unions up to $50,000 per client for supposed damages, while also disputing the filing. We have challenged each FCRA case and have been willing to fight the frivolous claims when we know that we have reported correctly. When we reached out to the FTC, they said they were aware of the problem and they empathized with our situation, but they would have to forward it to the CFPB as it no longer falls within their jurisdiction. The CFPB has not responded to credit unions on this matter that we have heard.