It’s in quotations by design. In Shepard v. Equifax Info. Servs., LLC, No. 2:17-cv-01118-KJM-CKD, 2019 U.S. Dist. LEXIS 60814 (E.D. Cal. Apr. 9, 2019), Judge Mueller held that a consumer’s declaration that he was told his credit was and/or would be denied was sufficient to survive summary judgment. The FCRA permits a plaintiff to recover actual damages for a CRA's… Read More
In Garcia v. Equifax Info. Servs. LLC, No. 2:17-cv-03123-JAD-VCF, 2019 U.S. Dist. LEXIS 58217, at *2-5 (D. Nev. Apr. 4, 2019), Judge Dorsey granted a motion to dismiss, rejecting an FCRA plaintiff's claim that no inaccuracy was required. Under FCRA, a credit reporting agency (CRA) must "conduct a reasonable reinvestigation" upon receiving a dispute notice from a consumer concerning the… Read More
In Jaras v. Equifax Inc., No. 17-15201, 2019 U.S. App. LEXIS 8743 (9th Cir. Mar. 25, 2019), the Court of Appeals for the Ninth Circuit addressed the Article III standing of bankrupt debtors complaining about how their bankruptcy was reported on their consumer report. In holding [in Spokeo, Ed.] that the plaintiff did have standing, we emphasized that the inaccuracies in… Read More
In Kang v. Credit Bureau Connection, No. 1:18-CV-01359-AWI-SKO, 2019 U.S. Dist. LEXIS 45352 (E.D. Cal. Mar. 19, 2019), Judge Ishii denied a data reseller’s motion to dismiss under the FCRA and CCRAA. The facts alleged were as follows: Plaintiff went to a car dealership in Huntington Beach, California to buy a car. After he selected the car that he wanted… Read More
In Frank v. Gaos, the SCOTUS today placed further standing impediments to privacy and other purely statutory/no damages class actions, finding, following objections to the class action settlement, that the case should be remanded to determine standing under Spokeo. The background facts were as follows: Three named plaintiffs brought class action claims against Google for alleged violations of the Stored Communications Act.… Read More
In Rainer v. Experian Info. Solutions, Inc., 2019 U.S. Dist. LEXIS 39217 (D.Utah. March 11, 2019), Judge Sam denied an FCRA Plaintiff’s motion for summary judgment relating to how the Furnisher reported the Plaintiff’s Account through and after the Plaintiff’s Chapter 13 bankruptcy. In 2008, Plaintiff borrowed $4,500 from Grantsville Federal Credit Union. AUFCU became the owner of Plaintiff's account… Read More
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
In Espinoza v. Hunt & Henriquez, 2018 WL 6330895, at *2–3 (N.D.Cal., 2018), Magistrate Judge Cousins allowed a CCRAA claim past the pleadings stage. In her complaint, Espinoza alleges that Merrick violated § 1785.25(a). See Compl. ¶ 51. Thus, on the face of her complaint, Espinoza's CCRAA claim is not preempted by the FCRA. See U.S.C. § 1685t(b)(1)(F). Merrick, however,… Read More
In Rivera v. Allstate Insurance Company, 2018 WL 5624603 (7th Cir. 2018), the Plaintiffs obtained a multi-million dollar award against their former employers in connection with their termination. The 7th Circuit reversed their defamation claim because they failed to prove special damages entitling them to the award. As to their FCRA claim, the Plaintiff’s claimed that the Employers violated 15… Read More
In Thornton v. Equifax, 2018 WL 5792816 (M.D.Ga. 2018), Judge Land found that the FCRA pre-empted all common-law state law claims. The facts were as follows: Thornton filed a Chapter 7 bankruptcy petition. He received a discharge of his debts on February 7, 2017, including his delinquent accounts with Kinetic. Thornton alleges that although Kinetic received notice of his discharge from… Read More
In Garland v. Marine Credit Union, 2018 WL 5313769, at *3–4 (E.D.Wis., 2018), Judge Griesbach dismissed an FCRA claim on the basis that there was no inaccuracy. Plaintiff claims that Defendants violated the FCRA by failing to conduct a reasonable investigation of the disputed Marine and World debts and refusing to correct the inaccurate information contained in her credit report.… Read More
In Bondi v. Nationstar Mortgage, LLC., 2018 WL 5291221 (C.A.9 (Nev.), 2018), the Court of Appeals for the Ninth Circuit in an unpublished decision found that no FCRA claim would lie for a direct dispute with the Furnisher and, even if one did, the Furnisher did not unreasonably investigate the dispute simply because it reached a conclusion adverse to the consumer.… Read More
In Marino v. PNC Bank, N.A., 2018 WL 5114136, at *1 (D.Nev., 2018), Judge Du dismissed an FCRA claim by a homeowner against a creditor based on the creditor's obtaining a consumer report post-bankruptcy. The facts were as follows: Marino obtained a mortgage with PNC. Thereafter, in 2013, she filed for bankruptcy. The bankruptcy court “discharge[d] her in personam liability… Read More
In Ghazaryan v. Equinox Information Services, LLC., 2018 WL 5098835 (9th Cir. (Cal.), 2018), the Court of Appeals for the Ninth Circuit in an unpublished opinion affirmed the district court’s grant of summary judgment in favor of a consumer reporting agency. In conducting a reinvestigation, a consumer credit reporting agency must “review and consider all relevant information” that the consumer submits… Read More
In Thomas v. Hyundai Capital America, et. al., 2018 WL 4899074, at *3–4 (D.Colo., 2018), Magistrate Judge Mix dismissed an FCRA claim against a CRA. The Equifax Defendants argue that Plaintiff’s claim fails because he cannot establish element two, i.e. that the report in question was, in fact, inaccurate. Motion [#10] at 5. They assert that “it is undisputed that… Read More
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
In Pittman v. Experience Information Soluntions, Inc., 2018 WL 4016604 (5th Cir. 2018), the Court of Appeals held that inaccuracy is an element of a claim against a furnisher under the FCRA, but the Plaintiff might have pleaded enough. There is no issue that Pittman notified the CRAs of his dispute, or that Experian and Equifax notified the Servicers of the… Read More
In Heard v. Nationstar Mortgage, LLC, 2018 WL 4028116 (N.D. Ala. August 23, 2018), Judge Haikala found that a mortgage company’s dialer was an ATDS under the TCPA. Nationstar argues that its system is not an automatic dialer because it does not “store” caller information. That information, Nationstar argues, is located on a separate “host system.” (Doc. 51, p. 6). But… Read More
In Caseman v. Silver Schools Credit Union, 2018 WL 3620484, at *5 (D.Nev., 2018), Judge Boulware granted summary judgment to a furnisher who submitted corrections to a consumer's account information to a CRA, but where the CRA did not make the change because it did not comply with the CRA's internal formatting. The Court finds that Silver State acted reasonably and… Read More
In Galicia v. PlusFour, Inc., 2018 WL 3543039, at *3–5 (D.Nev., 2018), Judge Mahan granted a motion to dismiss FCRA and FDCPA claims based on the applicable statute(s) of limitations. First, the Court found that the FCRA claims were barred, and were not tolled due to subsequent reporting. Here, plaintiff discovered the violations and began reporting the inaccuracies in his… Read More
