In Moses v. Experian Information Solutions, Inc., 2016 WL 3670068, at *1 (N.D.Cal., 2016), Judge Freeman allowed an FCRA bankruptcy-reporting case past the pleadings. The Plaintiff alleged that he filed a Chapter 13 bankruptcy petition in January 2015; his Chapter 13 plan was confirmed in May 2015; credit reports obtained in July 2015 showed that AFNI was reporting a balance… Read More
In Hughes v. Experian Information Solutions, Inc., 2016 WL 3670051, at *2-3 (N.D.Cal., 2016), Judge Freeman found that a FCRA plaintiff had not adequately pleaded an "inaccuracy" to sustain an FCRA claim. IQ Data contends that the FAC does not allege facts showing a credit reporting inaccuracy. The Court agrees. Plaintiff alleges that IQ Data reported Plaintiff's account as being… Read More
In Hinkle v. Midland Credit Management, Inc., 2016 WL 3672112, at *4-8 (C.A.11 (Ga.), 2016), the Court of Appeals for the 11th Circuit reversed summary judgment for a debt buyer on the plaintiff's reinvestigation under FCRA, finding that more investigation was required than checking the dispute against its electronic records. When the CRAs informed Midland that Hinkle disputed the GE/Meijer… Read More
In Maiteki v. Marten Transport Ltd., 2016 WL 3747396, at *1 (10th Cir. 2016), the Court of Appeals for the 10th Circuit affirmed judgment in favor of a furnisher against a FCRA plaintiff's claim that the furnisher inadequately re-investigated a credit dispute. The facts did not necessarily arise out of a consumer transaction. Marten is a transportation company that employed… Read More
In Bacharach v. Suntrust Mortgage, Incorporated, 2016 WL 3568059, at *1-2 (C.A.5 (La.), 2016), the Court of Appeals for the Fifth Circuit held that the FCRA does not provide protection against commercial losses. Bacharach argues that due to SunTrust's alleged FCRA violations that resulted in the reporting of misinformation to various credit agencies, she was unable to purchase property at 2841… Read More
In Radney v. Bayview Loan Servicing, LLC, 2016 WL 3551677, at *3 (N.D.Ill., 2016), Judge Darrah denied a motion to dismiss a FCRA claim arising out of a creditor's post-discharge credit reporting. Bayview argues that Plaintiff's allegations are refuted by the documents attached to his Amended Complaint. Specifically, Bayview references a corrected credit report dated September 4, 2015, from Experian,… Read More
In Noori v. Bank of America, here, Judge Andre Birotte granted summary judgment to a bank in an FCRA case. Judge Birotte found that the Plaintiff produced no evidence that the CRAs ever forwarded a dispute to the furnisher and, accordingly, no FCRA claim could lie. "Plaintiff has produced no evidence that BofA received, from any CRA, a notice of dispute through… Read More
In Pagazani v. Equifax Information Services, LLC, 2016 WL 2997586, at *5-6 (S.D.Fla., 2016), Judge Bloom granted summary judgment to a consumer reporting agency against a debtor who claimed that the bank's furnishing of information to the CRA was inaccurate because he had a defense to the underlying debt itself -- namely, that he was only an "authorized user" on… Read More
In Jackson v. Experian Information Solutions, Inc., et. al., 2016 WL 2910027, at *3-5 (N.D.Ill., 2016), Judge Kennelly found that a Chapter 13 debtor stated a claim that a loan servicer's post-Chapter 13 bankruptcy reporting remained inaccurate even after the furnisher made corrections because it did not correct all the inaccuracies in the consumer's report. In count 2 of his complaint, Jackson… Read More
http://www.supremecourt.gov/opinions/15pdf/13-1339_f2q3.pdf Read More
In Boydstun v. U.S. Bank National Association, N.D., 2016 WL 2736104, at *1 (D.Or., 2016), Judge Hernandez precluded Plaintiff's expert in a FCRA case from testifying about commercial losses because FCRA affords no remedy for them. Plaintiff Robert Boydstun sought to introduce expert testimony about the economic damages he suffered after a failed attempt to secure financing for a forklift to be used… Read More
In Shaw v. Equinox Information Solutions, Inc., 2016 WL 2344353, at *3-5 (E.D.Mich., 2016), Judge Hood denied a Motion to Dismiss a FCRA case, saying that a case was better suited for summary judgment. Plaintiff's cause of action is based on her contention that Defendants inaccurately reported that the account was charged off on multiple occasions over a series of months. Specifically,… Read More
In Blakeney v. Experian Information Solutions, 2016 WL 1535085, at *1-2 (N.D.Cal., 2016), Judge Koh grants a Motion to Dismiss filed by a FCRA furnisher who was alleged to have failed to properly re-investigate a dispute regarding an account that passed through Chapter 13. On November 7, 2014, Plaintiff filed for Chapter 13 bankruptcy. ECF No. 1 (“Compl.”) ¶ 5. “Chapter… Read More
In Hall v. Phenix Investigations, Inc., 2016 WL 1238602, at *2-3 (5th Cir. 2016), a Law Firm hired private eyes to obtain information on a litigant in a commercial lease dispute, which the Law Firm used against the litigant in the litigation. The litigant sued, alleging that the information obtained by the private eye was a "consumer report" under FCRA, and litigation… Read More
In Asufrin v. Roundpoint Mortgage Servicing Corporation, 2016 WL 1056669, at *1 (N.D.Ill., 2016), Judge Aspen allowed a bankruptcy FCRA claim to proceed past the pleadings stage. In Asufrin, the Plaintiff alleged that RoundPoint mismanaged the credit reporting of her mortgage loan after she obtained a bankruptcy discharge. Despite Plaintiff's order of discharge, her Experian credit report revealed that RoundPoint was reporting the… Read More
In Datta v. Asset Recovery Solutions, LLC, 2016 WL 1070666, at *7-10 (N.D.Cal., 2016), Judge Koh rejected the argument that the FDCPA's $500,000 cap prevented certification of an FDCPA/glassine window case. . . . the Court observes that, as a general matter, courts routinely certify class actions where monetary recovery would be small. . . . Second, the efficacy of a single… Read More
News Release: https://protect-us.mimecast.com/s/QQeeBDuJmEDSg Letter to Financial Institutions: http://files.consumerfinance.gov/f/201602_cfpb_letter-to-banks-on-lower-risk-accounts.pdf Bulletin: http://files.consumerfinance.gov/f/201602_cfpb_supervisory-bulletin-furnisher-accuracy-obligations.pdf Read More
In Mestayer v. Experian Information Solutions, Inc, 2016 WL 631980, at *1 (N.D.Cal., 2016), Judge Chen dismissed a Plaintiff's FCRA/CCRAA claims grounded in credit reporting during bankruptcy proceedings. On or about November 25, 2013, Ms. Mestayer filed for bankruptcy in the Northern District of California. On or about April 20, 2014, she received a bankruptcy discharge. During the bankruptcy proceedings, Ms.… Read More
In Abeyta v. Bank of America, N.A., 2016 WL 304308, at *2 (D.Nev., 2016), Judge Jones found that a bank's reporting, post-discharge, of a consumer's pre-petition debt as being in default, did not violate the FCRA because the report was not inaccurate. The facts were as follows. Plaintiff Ginney Abeyta filed for bankruptcy in this District in June 2010. (Compl.… Read More
In Powers v. Selcon Community Credit Union, et. al., 2016 WL 126739, at *4-5 (D.Or. 2016), Judge McShane denied summary judgment to a FCRA furnisher defendant on the reasonableness of its re-investigation. The takeaways from the decision are four, from someone who has handled a number of such cases. First, the decision demonstrates how granular these cases can get in terms of… Read More
