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11th Cir. Says Proof of Actual Damages Not Required for Willful FCRA Violation

by Scott J. Hyman |

In Santos v. Healthcare Revenue Recovery Grp., LLC., No. 22-11187, 2023 WL 7289662, at *1–2 (11th Cir. Nov. 6, 2023), the Court of Appeals for the 11th Circuit reversed the district's finding that an FCRA class could not be certified due to individual inquiries required for each putative classmember.  The Court of Appeals found that proof of individual damage is… Read More

District Court (Nev.) Says Mortgage Company Did Not Lack a Permissible Purpose under the FCRA to “Soft” Pull a Consumer Report Post-Bankruptcy Discharge

by Scott J. Hyman |

In In re Ocwen Loan Servicing LLC Litig., No. 3:16-cv-00200-MMD-WGC, 2019 U.S. Dist. LEXIS 25968 (D. Nev. Feb. 19, 2019), Judge Du found that a mortgage company had a permissible purpose to ‘soft’ pull a consumer report post-bankruptcy discharge.  The facts were as follows. Plaintiffs are Christopher Marino, Henry L. Farrin, Jr., Joshua E. Hardin, Kristen Hardin, Dionne Horton, Deonca… Read More

District Court (Nev.) Certifies an FCRA Settlement Class Based on Obtaining Consumer Reports After Termination of Borrower/Creditor Relationship

by Scott J. Hyman |

In Smith v. One Nevada Credit Union, 2018 WL 4407251, at *1 (D.Nev., 2018), Judge Navarro certified an FCRA settlement class.  The facts were as follows: On July 18, 2017, Plaintiff filed his Amended Complaint (the “Complaint”) alleging violations of the FCRA, 15 U.S.C. § 1681 et seq. on behalf of a Putative Class comprising similarly situated persons, discussed infra.… Read More

9th Cir. Finds that CRA Accurately Reported Short-Sales Despite Interpretational Error by End-User

by Scott J. Hyman |

In Shaw v. Experian Information Systems, 2018 DJDAR 4948, 2018 WL 2424105 (9th Cir. May 29, 2018), the Court of Appeals for the Ninth Circuit held that Experian’s reporting of Plaintiffs’ short sales during the real estate market crash between 2008 to 2012 to subscribers of credit information did not violate 15 U.S.C.§ 1681e or § 1681i of the FCRA… Read More

District Court (Cal.) Allows FCRA Bankruptcy Reporting Case to Proceed as a Class Action

by Alisa A. Givental |

In Nissou-Rabban v. Capital One Bank (USA), N.A., 2018 WL 538962, at *6 (S.D.Cal., 2018), Judge Houston found that an FCRA plaintiff whose credit card account has passed through bankruptcy sufficiently alleged an "inaccuracy" under the FCRA and that such claim could proceed as a class action.  After allowing the Plaintiff to amend the Complaint to allege a class action, the… Read More