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For the latest installment of our series of practical insights on emerging Federal Trade Commission (FTC) consumer protection and data privacy priorities, we discuss coverage and requirements under the Fair Credit Reporting Act (FCRA). Companies that share or sell data, including data brokers, and companies that use data from other companies should pay close attention to the FCRA – particularly given renewed scrutiny of third-party data sales. The FCRA is a complex statute, and its application to consumer data flows in the modern digital economy can be complicated. In recent remarks, FTC Commissioner Melissa Holyoak called for the FTC to “robustly enforce” the FCRA, highlighting it as a statute in which Congress explicitly directed the FTC to protect consumer privacy.

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