In Samuel v. CitiMortgage, Inc., 2013 WL 1501491 (N.D.Cal. 2013), Judge James found no private right of action against furnishers under the CCRAA. Generally, the CCRA allows private plaintiffs to bring an action for damages suffered as a result of violations of the Act. Cal. Civ.Code § 1785.31. However, section 1785.31 only extends to private plaintiffs bringing CCRA claims against… Read More
In Ramirez v. Trans Union, LLC, --- F.Supp.2d ----, 2012 WL 4954120 (N.D.Cal. 2012), Judge Corley found no impediment to a Plaintiff maintaining a class action under both FCRA and the CCRAA. The Action arose from a CRA’s alleged failure to include OFAC alerts in credit reports provided to consumers, even though such OFAC alerts allegedly appeared in consumer reports… Read More
In Mortimer v. Bank of America, N.A., 2013 WL 57856 (N.D.Cal. 2013), Judge Spero rejected a FCRA plaintiff's complaints about a creditor's reporting of his account through and after bankruptcy, but allowed leave to amend as to Plaintiff's CCRAA and UCL claims. Several courts, including two in this district involving closely analogous factual situations, have held that reports, after discharge, of delinquencies… Read More
In Giovanni v. Bank of America, Nat. Ass'n 2012 WL 6599681 (N.D.Cal. 2012), Judge Beeler found that a FCRA Plaintiff failed to plead an inaccuracy in its reporting of a consumer's account that went through bankruptcy. The facts were as follows: Plaintiff, Katheryn Giovanni currently resides in Chatham County, Georgia, but lived in California during the relevant times in the complaint.… Read More
In Mortimer v. Bank of America, N.A. 2012 WL 6218004 (N.D.Cal. 2012), Judge Spero addressed the interplay between bankrupt debt and credit reporting, finding that Plaintiff stated no FCRA or CCRAA claim. The facts were as follows: Plaintiff Mark Mortimer (“Plaintiff”) brings this action against Defendant Bank of America, N.A., (“Defendant”) FN1 seeking redress for Defendant's alleged inaccurate reporting of his… Read More
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
In Keshishian v. AFNI Inc., 2012 WL 5378819 (C.D.Cal. 2012), Judge Feess dismissed Plaintiff’s claims as improvidently pleaded. Plaintiff Marine A. Keshishian alleges that Defendants Afni, Inc., Enhanced Recovery Company, LLC, Equable Ascent Financial, LLC (“Equable”), and Union Adjustment Company, Inc. are engaged in unfair debt collection practices. (Docket No. 3 [Compl.].) Specifically, Plaintiff alleges violations of the Federal Fair… Read More
In Ramirez v. Trans Union, LLC, --- F.Supp.2d ----, 2012 WL 4954120 (N.D.Cal. 2012), Judge Corely allowed a CCRAA claim to proceed against a CRA simultaneously with a FCRA claim, and found that FCRA’s prohibition against injunctive relief did not apply to CCRAA claims. The District Court found no impediment to simultaneously maintaining CCRAA and FCRA claims. The only California… Read More
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
In Harrold v. Experian Information Solutions, Inc., 2012 WL 4097708 (N.D.Cal. 2012), Judge Alsup found that FCRA still pre-empts other parts of the CCRAA that were not addressed by Gorman. The FCRA provides that “[n]o requirement or prohibition may be imposed under the laws of any State ... relating to the responsibilities of persons who furnish information to consumer reporting… Read More
In Mortimer v. JP Morgan Chase Bank, Nat. Ass'n, 2012 WL 3155563 (N.D.Cal. 2012), Judge Wilken addressed the impact of a now commonly-pleaded claim that a creditor continued to report late payments that were not made during a bankruptcy. Judge Wilkens found that Plaintiffs failed to plead an inaccuracy – meaning that they actually made the payments during the bankruptcy… Read More
In Subhani v. JPMorgan Chase Bank, Nat. Ass'n, 2012 WL 1980416 (N.D.Cal. 2012), Judge Alsup found FCRA pre-emption of the UCL and Song-Beverly Act, except where such claims arose from Civil Code § 1785.25(a) under Gorman. Judge Alsup explained: In the wake of Gorman, at least two courts in this district have held that claims brought under California's UCL predicated… Read More
The United States Supreme Court decided not to take a better look at the Court of Appeals for the Ninth Circuit's holding in Gorman that FCRA did not pre-empt any remedy available under the Consumer Credit Reporting Agencies Act. The cite is FIA Card Services, N.A. v. Gorman -- S.Ct. --, 2010 WL 1047883 (2010) Read More
In Carvalho v. Equifax Information Services, LLC, -- F.3d -- 2010 WL 3239477 (9th Cir. 2010), the Court of Appeals for the Ninth Circuit confirmed FCRA pre-emption of California's CCRAA -- except Civil Code 1785.25(a). The Court of Appeals explained: Because the private right of action to enforce section 1785.25(a) is found in sections 1785.25(g) and 1785.31, which are not… Read More
In Wang v. Asset Acceptance, L.L.C., 2010 WL 40984 (N.D.Cal. 2010), Judge Conti rejected Plaintiff's assertion that the duty to report accurate information information under Civil Code 1785.25(a) also includes the obligation to note an account as disputed, since such obligation is required by section 1785.25(c). Judge Conti explained Here, in his second cause of action, Wang alleges that despite being… Read More
The 9th Circuit and a number of California Court of Appeal decisions have split on FCRA pre-emption of California's CCRAA. We wrote about it here. The parties have sought rehearing of Gorman in the 9th Circuit. Some of the briefs are here: MBNA's Brief on Rehearing; CDIA's Amicus Brief on Rehearing, CBA's Amicus Brief on Rehearing; Gorman's Opposition to Rehearing;… Read More
The Court of Appeals for the Ninth Circuit today allowed the National Association of Screening Agencies, the California Bankers Association, and the Consumer Data Industry Association leave to file amicus curiae briefs in support of Defendant-Appellee’s Petition for Rehearing and Rehearing En Banc. See the Order here and my article here regarding the split of authority between the federal and state appellate… Read More
In Drew v. Equifax, 2009 WL 595459 (N.D.Cal. 2009), Judge Illston held that a furnisher was on notice of a consumer dispute when the CRA merely sent a letter to the furnisher notifying the furnisher that it had deleted the customer’s trade-line because the account was fraudulent. Judge Illston explained: Chase contends that it is entitled to summary judgment… Read More
See my March 4, 2009 article in the Consumer Financial Services Law Report here. Source: Consumer Financial Services Law Report. Copyright 2009 by LRP Publications, P.O. Box 24668, West Palm Beach, FL 33416-4668. All rights reserved. For more information on this or other products published by LRP Publications, please call 1-800-341-7874 or visit their website at: www.shoplrp.com Read More
In Sanai v. Saltz --- Cal.Rptr.3d ----, 2009 WL 162059 (2009), the Second District Court of Appeal declined to follow the First District Court of Appeal's decision in Liceaga on December 30, 2008, finding a private right of action under the CCRAA (Civil Code § 1785.25(a)) pre-empted by FCRA. Instead, the Second District Court of Appeal followed the Court of… Read More
