Rental history sharing could trigger Fair Credit Reporting Act – More difficult for plaintiffs to obtain class certification – The new mortgage foreclosure formalism . . .

From my real estate law blog, http://taterealestatelaw.com:

The following is a potpourri of timely relevant real property legal news.

FTC warns data brokers that provide tenant rental histories they may be subject to Fair Credit Reporting Act –

From the FTC website, Click Here For Link:

“The Federal Trade Commission has warned the operators of six websites that share information about consumers’ rental histories with landlords that they may be subject to the requirements of the Fair Credit Reporting Act (FCRA).
The letters inform the recipients that if they meet certain criteria, namely collecting information on tenants and their rental history and providing that information to landlords so they can make judgments about renting to those tenants, they are considered credit reporting agencies and are subject to certain legal requirements.
Among the requirements cited in the letter are the companies’ obligation to protect the privacy of tenants whose information they collect, including ensuring that those requesting information about tenants have a legitimate reason to acquire it. The letter reminds the companies of their obligation to ensure that the information they provide is accurate, to give consumers a copy of the information about them on request, and to allow consumers to dispute information they believe is inaccurate. The letters also note that the companies must notify landlords of their requirements if they use the data to deny housing to a tenant, and to notify the sources of their information of the requirement that they provide accurate information.”

More difficult for plaintiffs to obtain class certification –

Comcast Corp. v. Behrend, 569 U.S. __ (2013)

In an important case for defense counsels’ toolbox, the U.S. Supreme Court has recently held in Comcast Corp. v. Behrend that before a class can be certified in a class action suit the trial court must undertake a rigorous analysis to determine that the requirements for class certification have been met which might also require the court to address the underlying merits of the case. More particularly, the Court held that the trial court did not address the fact that the plaintiffs’ damages model and related expert witness testimony could not distinguish damages between the various liability theories.

New [Mortgage Foreclosure] Formalism in the Aftermath of the Housing Crisis –

Click on the following link if you are interested in a discussion about the “new” (or return to) formal mortgage foreclosure procedures in the aftermath of the housing crisis, Click Here For Paper.

Enjoy,

Dave Tate, Esq. (San Francisco)

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