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District Court (Cal.) Says FCRA Plaintiff Received Lender’s “Firm Offer of Credit” under Mailbox Rule; FCRA Imposed No Time Requirement on Lender to Mail “Firm Offer of Credit”

by Scott J. Hyman |

In Derderian v. Southwestern & Pacific Specialty Finance, Inc., 2014 WL 6980525 (S.D.Cal. 2014), Judge Lorenz granted summary judgment to a lender on a FCRA claim that alleged that the lender had accessed the Plaintiff's credit report for an impermissible purpose without making a Firm Offer of Credit.  The facts were as follows: On September 15, 2012 and March 15, 2013, Southwestern… Read More