This is not the basis of my argument but its a start that they can't think they are exempt from the FCPA.. especially when the big banks got together and formed this organization..
A FEDERAL COURT ORDERED THIS NOTICE. Shabani Stewart, et al. v. Early Warning Services, LLC
United States District Court, District of New Jersey, Civil Action No. 2:18-cv-03277-CCC-SCM
A class action lawsuit has settled, and we are sending this to you to explain how this settlement will affect you. Nature of this Action. The Plaintiff alleges the Defendant (“EWS”) violated the Fair Credit Reporting Act by failing to provide, upon a consumer’s request, the complete contents of all information in the consumer’s file at the time of such request. EWS denies any and all liability. Who is in the settlement? The “(b)(2) Settlement” all natural persons residing in the United States who, from March 7, 2016 through February 21, 2020, requested from EWS the contents of their file maintained by EWS, where in response thereto, EWS provided to such consumer a “Summary File Disclosure.” Excluded from the (b)(2) Settlement Class are individuals who have previously released his or her claims against EWS, who had a record of a match in the Internal Fraud Prevention Service and the Judge overseeing the Litigation. What are the settlement terms? EWS is changing its processes for providing file disclosures in response to consumer requests and will provide disclosures that include all information maintained in a consumer’s file that is used in a product or service that is subject to the FCRA. In exchange, everyone in the settlement is releasing their right to bring a claim against EWS for statutory or punitive damages, or a class action claim, relating to any violation of FCRA § 1681g (and any FCRA State Equivalent) and all claims based upon or related to the content, form, manner, or nature of the consumer disclosures provided in response to a consumer’s request for the contents of the consumer’s file. Binding Effect. If the Court approves the settlement, it will be binding on you. Your right to an Attorney. If you would like, you are entitled to appear in this matter through your own attorney at your expense. The Court will hold a hearing to evaluate the settlement on June 22, 2020. Can you object to the settlement? Yes. To object, you must send a letter stating that you object to the settlement in Stewart v. Early Warning Services, LLC. Be sure to include: (1) the name of this lawsuit, Stewart v. Early Warning Services, LLC, Civil Action No. 2:18-cv-03277-CCC-SCM; (2) your full name, current address, telephone number, and last four digits of your Social Security number; (3) a detailed explanation of the reasons you object to the settlement and any papers in support of your position; and (4) signed verification of membership in the Settlement Class. Mail your objection to all these three different places, postmarked by May 11, 2020: