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CCRAA -- Civil Code § 1785.25

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9th Circuit Holds Civ. Code § 1785.25 is Not Pre-empted — Muddies the Waters

by Scott J. Hyman |

In Gorman v. Wolpoff & Abramson, LLP, __ F.3d __ 2009 WL 57091 (9th Cir. 2009) the Court of Appeals for the Ninth Circuit held, among other things, that FCRA does not pre-empt Civil Code 1785.25 of the CCRAA.  This holding overrules multiple district court opinions to the contrary, and is opposite to the California Court of Appeal's decision on December… Read More

California Court of Appeal finds CCRAA Pre-Empted by FCRA

by Scott J. Hyman |

In Liceaga v. Debt Recovery Solutions, L.L.C. __ Cal.App.4th __ 2008 WL 5392184 (2008), the First District Court of Appeal found no private right of action under California's Consumer Credit Reporting Agencies Act because FCRA pre-empts it.  The Court explained We are not alone in our determination that the California exception is limited and does not allow a private right… Read More

Eastern District Issues Series of FDCPA/FCRA/CLRA Opinions in Roybal v. Equifax

by Scott J. Hyman |

In Roybal v. Equifax, Judge England issued three separate opinions addressing liability of furnishers and credit reporting agencies.  In Roybal v. Equifax, 2008 WL 453447 (E.D.Cal. 2008), Judge England addressed the CRAs for publishing allegedly inaccurate credit information about the plaintiff.  First, Judge England allowed a wife to pursue a claim for inaccuracies in the husband's credit report:   The… Read More

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