Section 315 of FACTA requires institutions that utilize consumer reports (“users”) to develop and follow certain procedures when notified of an address discrepancy by a national CRA (Equifax, Experian and TransUnion). Under FACTA, national CRAs are required to issue a “notice of address discrepancy” when an address provided by a user requesting a consumer report “substantially differs” from the address the CRA has on file for that consumer. The Address Discrepancy Rule then requires users of consumer reports to develop and implement written policies and procedures to respond to receipt of a discrepancy notice. There are two components to the policies required by the Rule: the first relates to the user’s evaluation of the address discrepancy; the second relates to the user’s potential obligation to report the consumer’s address to the CRA.
Jennifer Roche is an experienced litigator in both federal and state court, at both the trial and appellate court levels. Jennifer has significant pretrial discovery, deposition and motion practice experience. She represents public and private clients across a range of industries in complex litigation, including matters such as antitrust claims, contract disputes, products liability, fraud, unfair competition and business torts.
Jennifer also represents clients in internal investigations and regulatory investigations initiated by the U.S. Securities and Exchange Commission and other government agencies. In addition, she advises private equity and private credit clients in connection with target company and borrower litigation exposure.
Jennifer maintains an active pro bono practice focusing on Constitutional rights and issues relating to education and veterans.
Before entering the practice of law, Jennifer worked for several years as a consultant in the health care industry, advising clients in the selection and implementation of health care technology solutions.
On April 30, 2009, Representative Bobby Rush (D-Ill) introduced H.R. 2221, the Data Accountability and Trust Act. The bill is nearly identical to H.R. 958, introduced by Rep. Rush in the 110th Congress, and is similar to the Data Accountability and Trust Act, introduced by Rep. Stearns (R-FL) in the 109th Congress. Of course, the newest “Data Accountability and Trust Act” is only the most recent of dozens of bills proposed over the last several years that would implement uniform federal breach notification requirements and preempt the 44 state laws requiring notification. Rep. Rush’s latest bill also includes data security provisions and would preempt the growing number of state laws imposing such requirements.