In Hoganberry v. Experian, et. al., No. 23 C 3690, 2023 WL 8113393, at *3–5 (N.D. Ill. Nov. 22, 2023), Judge Pallmeyer ordered a trial under the FAA of arbitrability of an identity theft matter based on the factual conflict between the moving party's authentication of the arbitration clause and the consumer's argument that he never signed/received it because the… Read More
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
In Ingram v. Experian Info. Sols., Inc., No. 21-2430, 2023 WL 6386517, at *1 (3d Cir. Oct. 2, 2023), the Court of Appeals held that furnishers are permitted to find that a direct dispute submitted by a consumer is frivolous, and consumer reporting agencies may find that an indirect dispute submitted by a consumer is frivolous, but the FCRA provides… Read More
The Court of Appeals for the Second Circuit issued the Sessa decision last week: Sessa v. TRANS UNION, LLC, Court of Appeals, 2nd Circuit 2023. This line of cases, following the 9th Circuit’s Gross decision, continues to wrestle with the distinction between a legal and factual dispute under the FCRA, which is also complicated by evolving standards applicable to furnishers… Read More
In Roberts v. Carter-Young, Inc., 2023 WL 4366059 (N.D. N.C. 2023), Magistrate Auld dismissed an FCRA claim grounded in a legal dispute surrounding the product that was financed. Critically, “[a] legal dispute on the underlying debt is a collateral attack on the credit report and is insufficient to sustain a FCRA claim.” Wilson v. Chrysler Cap., No. 19-CV-975, 2019 WL… Read More
In ALVIN EILAND, Plaintiff, v. WESTLAKE SERVICES, LLC, Defendant., No. CV H-23-1272, 2023 WL 4139014, at *2–3 (S.D. Tex. June 22, 2023), Judge Lake disagreed with an automobile finance company furnisher's arguments with respect to when an FCRA claim against a furnisher accrues for statute of limitations purposes. Westlake argues that Plaintiff's claims are barred by the two-year statute of… Read More
In Aargon Agency, Inc. v. O'Laughlin, No. 22-15352, 2023 U.S. App. LEXIS 14874, at *21-24 (9th Cir. June 15, 2023), the Court of Appeals for the 9th Circuit held that Nevada's SB 248 survived FCRA pre-emption. Plaintiffs contend that § 1681t(b)(1)(F) broadly preempts any state law "relating to" a furnisher's duties. We decline to read § 1681t(b)(1)(F) this broadly. The… Read More
In Paterno v. Ford Motor Credit Co. LLC, No. CV-22-01008-PHX-SMB, 2023 U.S. Dist. LEXIS 100723, at *1 (D. Ariz. June 8, 2023), Judge Brnovich granted summary judgment to an automobile finance lender in a "payment status" FCRA case. Plaintiff argues that the credit report inaccurately reports that Plaintiff's Ford account is currently 30 days past due when the account has… Read More
In Brown v. JPMorgan Chase & Co., Civil Action No. 22-11298-FDS, 2023 U.S. Dist. LEXIS 86171 (D. Mass. May 17, 2023), Judge Saylor dismissed a claim under Massachusetts state law. The Massachusetts Credit Reporting Act provides, in relevant part, that: [e]very person who furnishes information to a consumer reporting agency shall follow reasonable procedures to ensure that the information reported… Read More
In In re Wells Fargo Forbearance Litig., No. 20-cv-06009-JD, 2023 U.S. Dist. LEXIS 76443, at *17-18 (N.D. Cal. May 2, 2023), Judge Donato found that state collection laws are preempted by the FCRA if they impact on credit reporting. Wells Fargo says that plaintiffs' claims under state consumer protection laws are preempted by the FCRA. Dkt. No. 172 at 14.… Read More
In Shelton v. Americredit Fin. Servs., Inc., No. 23-10543, 2023 U.S. Dist. LEXIS 58218, at *4-8 (E.D. Mich. Apr. 3, 2023), Judge Michelson dismissed an FCRA claim by an in pro per Plaintiff premised on the basis that an automobile finance company did not credit as a "payment" sums that it received for a repossessed vehicle's sale. Start with the… Read More
In Chase v. Kia Motors Am., Inc., No. 22-cv-09082-JCS, 2023 U.S. Dist. LEXIS 31208, at *1-2 (N.D. Cal. Feb. 24, 2023), Judge Spero concluded that he did not have jurisdiction to hear a federal claim raised for the first time in an arbitration referred by a state court. Judge Spero summarized the case as follows: Defendant Hyundai Capital America d/b/a… Read More
In Moore v. Mandarich Law Grp., LLP, No. 1:21-cv-20481-KMM, 2023 U.S. Dist. LEXIS 20201, at *4-9 (S.D. Fla. Feb. 7, 2023), Judge Moore dismissed an FDCPA/FCRA class action grounded on a debt collection firm's filing a pleading that included Plaintiff's unredacted credit score. Judge Moore found no FCRA violation. Courts have routinely held that debt collectors may obtain and use a… Read More
In Mader v. Experian Info. Sols., Inc., Nos. 20-3073, 21-2171, 2023 U.S. App. LEXIS 79, at *11-17 (2d Cir. Jan. 4, 2023), the Court of Appeals found that pure legal disputes cannot form the basis for an "inaccuracy" under the FCRA. The Court of Appeals summarized the issue as follows: The district court assumed that the kind of inaccuracy alleged… Read More
In Ringenbach v. DirecTV, LLC, No. 4:21 CV 1400 CDP, 2022 U.S. Dist. LEXIS 214026, at *2-4 (E.D. Mo. Nov. 29, 2022), Judge Perry denied a debt collector's motion to compel discovery of settlements with other co-defendants because she held that offset is not an affirmative defense under the FCRA/FDCPA. I.C. System's motions will be denied as it cites no… Read More
In Scarbo v. Wisdom Fin., No. 22-1398, 2022 U.S. App. LEXIS 31020, at *9 (3d Cir. Nov. 9, 2022), the Court of Appeals for the 3rd Circuit held that a furnisher conducted a reasonable investigation as a matter of law. We conclude that the District Court properly granted summary judgment in favor of LVNV and Great Lakes on Scarbo's claims… Read More
In Miller v. Westlake Servs. LLC, No. 8:21-cv-00692-JLS-KES, 2022 U.S. Dist. LEXIS 197076, at *21-30 (C.D. Cal. Oct. 28, 2022), Judge Staton granted partial summary judgment to an FCRA Plaintiff who claimed that she was a victim of identity theft. First, the Court declines Plaintiff's invitation to rule that "solely engaging in data conformity" renders a furnisher's investigation per se… Read More
In Angulo v. Truist Bank, No. 22 C 923, 2022 U.S. Dist. LEXIS 193573, at *8 (N.D. Ill. Oct. 25, 2022), Judge Kendall granted a motion for judgment on the pleadings against an FCRA Plaintiff. The intangible humiliation and embarrassment of credit denial may also be considered a concrete injury in the FCRA context. In passing the FCRA, Congress found,… Read More
In Rydholm v. Equifax Info. Servs. LLC, No. 20-3425, 2022 U.S. App. LEXIS 22691, at *5-7 (8th Cir. Aug. 16, 2022), the Court of Appeals for the 8th Circuit held that the FCRA's standards applicable to the CRAs are not strict liability. "CRAs must look beyond information furnished to them when it is inconsistent with [their] own records, contains a… Read More
In Towle v. TD Bank USA, N.A., No. 22-CV-0624 (PJS/TNL), 2022 U.S. Dist. LEXIS 146898, at *1-3 (D. Minn. Aug. 17, 2022), Judge Schiltz dismissed a credit reporting claim premised on the grounds that reporting charged off debt is inaccurate because, allegedly, it's not owing anymore. Judge Schiltz found the allegation to be frivolous. Towle filed his original complaint on… Read More
