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Two District Courts (Cal.) Find FCRA Claims Adequately Pleaded Arising out of Post-Bankruptcy Credit Reporting

by Scott J. Hyman |

In Grantham v. Bank of America, N.A., 2012 WL 5904729 (N.D.Cal. 2012), Judge James held that a Plaintiff stated a claim against a Bank for post-bankruptcy discharge credit reporting. In February 2011, Grantham sent a dispute letter to Experian requesting an investigation of the 1051 Account, disputing the alleged delinquencies reported in her credit report while her bankruptcy petition was… Read More

District Court (Cal.) Finds Bankrupt Plaintiff’s Post-Bankruptcy FCRA Claims Outside Walls Decision

by Scott J. Hyman |

In King v. Bank of America, N.A., 2012 WL 4685993 (N.D.Cal. 2012), Judge Spero found a bankrupt Plaintiff’s FCRA claims to be outside of Walls v. Wells Fargo.  The facts were as follows: On July 21, 2010, the United States Bankruptcy Court for the Northern District of California granted Plaintiff a discharge of all dischargeable debts pur-suant to 11 U.S.C. §… Read More

District Court (Cal.) Finds Post-Discharge Re-Insertion of Previously Deleted Credit Information Not Prohibited by Walls v. Wells Fargo Bank; Stated Claim Under FCRA; Judge Illston Channels Wikipedia to Define Terms Such as “Charge-Off” and “Trade-Line”

by Scott J. Hyman |

In Hanks v. Talbott Classic National Bank, here, Judge Illston found that a Plaintiff stated a claim against a creditor when a charge-off notation reported to the CRAs pre-Petition was re-inserted post-Discharge.  In so doing, Judge Illston implied that the pre-Petition charge-off reporting complied with FCRA, but found that the re-insertion post-Petition did not and that the Plaintiff was not deprived… Read More

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