15 U.S.C. § 1681s-2(b)

In Radney v. Bayview Loan Servicing, LLC, 2016 WL 3551677, at *3 (N.D.Ill., 2016), Judge Darrah denied a motion to dismiss a FCRA claim arising out of a creditor's post-discharge credit reporting. Bayview argues that Plaintiff's allegations are refuted by the documents attached to his Amended Complaint. Specifically, Bayview references a corrected credit report dated September 4, 2015, from Experian,… Read More

In Noori v. Bank of America, here, Judge Andre Birotte granted summary judgment to a bank in an FCRA case.  Judge Birotte found that the Plaintiff produced no evidence that the CRAs ever forwarded a dispute to the furnisher and, accordingly, no FCRA claim could lie. "Plaintiff has produced no evidence that BofA received, from any CRA, a notice of dispute through… Read More

In Jackson v. Experian Information Solutions, Inc., et. al., 2016 WL 2910027, at *3-5 (N.D.Ill., 2016), Judge Kennelly found that a Chapter 13 debtor stated a claim that a loan servicer's post-Chapter 13 bankruptcy reporting remained inaccurate even after the furnisher made corrections because it did not correct all the inaccuracies in the consumer's report. In count 2 of his complaint, Jackson… Read More

In Shaw v. Equinox Information Solutions, Inc., 2016 WL 2344353, at *3-5 (E.D.Mich., 2016), Judge Hood denied a Motion to Dismiss a FCRA case, saying that a case was better suited for summary judgment. Plaintiff's cause of action is based on her contention that Defendants inaccurately reported that the account was charged off on multiple occasions over a series of months. Specifically,… Read More

In Blakeney v. Experian Information Solutions, 2016 WL 1535085, at *1-2 (N.D.Cal., 2016), Judge Koh grants a Motion to Dismiss filed by a FCRA furnisher who was alleged to have failed to properly re-investigate a dispute regarding an account that passed through Chapter 13. On November 7, 2014, Plaintiff filed for Chapter 13 bankruptcy. ECF No. 1 (“Compl.”) ¶ 5. “Chapter… Read More

In Asufrin v. Roundpoint Mortgage Servicing Corporation, 2016 WL 1056669, at *1 (N.D.Ill., 2016), Judge Aspen allowed a bankruptcy FCRA claim to proceed past the pleadings stage.  In Asufrin, the Plaintiff alleged that RoundPoint mismanaged the credit reporting of her mortgage loan after she obtained a bankruptcy discharge.  Despite Plaintiff's order of discharge, her Experian credit report revealed that RoundPoint was reporting the… Read More

In Mestayer v. Experian Information Solutions, Inc, 2016 WL 631980, at *1 (N.D.Cal., 2016), Judge Chen dismissed a Plaintiff's FCRA/CCRAA claims grounded in credit reporting during bankruptcy proceedings. On or about November 25, 2013, Ms. Mestayer filed for bankruptcy in the Northern District of California. On or about April 20, 2014, she received a bankruptcy discharge. During the bankruptcy proceedings, Ms.… Read More

In Abeyta v. Bank of America, N.A., 2016 WL 304308, at *2 (D.Nev., 2016), Judge Jones found that a bank's reporting, post-discharge, of a consumer's pre-petition debt as being in default, did not violate the FCRA because the report was not inaccurate.  The facts were as follows. Plaintiff Ginney Abeyta filed for bankruptcy in this District in June 2010. (Compl.… Read More

In Powers v. Selcon Community Credit Union, et. al., 2016 WL 126739, at *4-5 (D.Or. 2016), Judge McShane denied summary judgment to a FCRA furnisher defendant on the reasonableness of its re-investigation.  The takeaways from the decision are four, from someone who has handled a number of such cases.  First, the decision demonstrates how granular these cases can get in terms of… Read More

In Buckley v. AFNI, Inc., 2016 WL 70847, at *2-3 (S.D.Ind., 2016), Judge Baker found that a debt collector violated the FCRA and the FDCPA when it initiated collection activities against a bankrupt debtor.  First, the District Court found that the debt collector's pulling of a credit report violated the FCRA because no debt existed post-bankruptcy. Both parties have moved for summary judgment… Read More

In Banks v. ACS Educ., 2016 WL 25464, at *2 (C.A.9 (Cal.),2016), the Court of Appeals for the 9th Circuit dismissed the panoply of claims filed by a student loan borrower, including stating that FCRA did not provide the predicate act under RICO.  Applicable here, the Court of Appeals also said that the Plaintiff failed to state a FCRA claim because… Read More

Dao v. Cello Partnership,  2015 WL 7572304, at *3-5 (D.Minn., 2015), Judge Tunheim granted summary judgment to a FCRA defendant because the Plaintiff -- from an evidentiary standpoint -- could no establish compensable loss. Dao first argues that he was denied mortgage refinancing with PrimeLending because of Verizon's failure to investigate and report the fraudulent accounts. Specifically, Dao contends that PrimeLending relied… Read More

In Snyder v. Nationstar Mortgage, LLC, 2015 WL 7075622, at *7-8 (N.D.Cal., 2015), Magistrate Judge Corley allowed a FCRA/Rosenthal Act claim past the pleadings stage.  As to the FCRA claim, the Court found that the question of FCRA accuracy is determined past the pleadings stage. To state a claim under the FCRA against...a furnisher of credit information, the [p]laintiff must allege that… Read More

In Vasquez-Estrada v. Collecto, Inc., 2015 WL 6163971, at *2 (D.Or., 2015), Judge Stewart addressed some FCRA rules for furnishers in the context of identity theft. Defendant also argues that plaintiff has been compensated for these same damages through his settlement with the CRAs in separate litigation. However, the settlement with the CRAs resolved only claims under the FCRA, not… Read More

In Heaton v. Social Finance,  2015 WL 6003119, at *3 (N.D.Cal., 2015), Judge Henderson found that defendant's online credit application might be mere comparison shopping such that there was no permissible purpose under FCRA to pull the consumer's credit report. Plaintiffs Shawn Heaton (“Heaton”) and Anna Ahlborn (“Ahlborn”) each visited Defendants' website and had slightly different experiences. Both Plaintiffs registered for the… Read More

In Prosser v. Navient Solutions, Inc., 2015 WL 5168635 (N.D. Cal. 2015), Judge Conti found that a student loan lender conducted a reasonable re-investigation under FCRA after the Plaintiff claimed to be a victim of identity theft. Parties agree that there is only a private right of action to pursue claims pursuant to 15 U.S.C. § 1681s–2(b), under §§ 1681n &… Read More

In Gustafson v. Experian Info. Solutions Inc., No. 2:14-CV-01453-ODW EX, 2015 WL 3477071, at *6 (C.D. Cal. June 2, 2015), Judge Wright granted summary judgment to a debt collector on a Plaintiff's FCRA claim, alleging that the debt was "double-reported". “[S]ummary judgment is not precluded altogether on questions of reasonableness,” but “[i]t is only appropriate ‘when only one conclusion about the… Read More

I know it's a real property case, but the argument is something that we've seen a bit of in California on the personal property side.  In Groff v. Wells Fargo Home Mortg., Inc., 2015 WL 2169811 (E.D. Mich. 2015), Judge Lawson found that the defendant did not violate the Fair Credit Reporting Act when it reported that the plaintiff’s bankruptcy-discharged… Read More

In Horsch v. Wells Fargo Home Mortg., 2015 WL 1344836 (E.D.Pa. 2015), Judge Yohn found that furnishers had properly reported accounts post-bankruptcy where the debtors had made post-bankruptcy payments.  Judge Yohn explained the standards for a furnishers’ re-investigation even where it was conceded that the furnishers’ re-investigation was reasonable. The court cautioned that this issue “is normally a question for… Read More

In Wright v. Specialized Loan Servicing, LLC, 2015 WL 859604 (E.D.Cal. 2015), Judge Thurston held that an FCRA plaintiff must plead that the furnisher actually received the dispute from the CRA in order to state a claim under FCRA. Here, Plaintiff alleges that Defendant is a furnisher under the FCRA, and that Defendant “failed to conduct a proper and lawful… Read More