Inaccuracy

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 Blackmon v. Ad Astra Recovery Servs., Case No.: 20-CV-800-CAB-JLB, 2021 U.S. Dist. LEXIS 75878 (S.D. Cal. April 20, 2021), Judge Bencivengo granted summary judgment to a debt collector who was alleged to have committed errors in connection with handling a purported claim of identity theft.   After the debtor failed to submit an affidavit of theft or police report but then… Read More

In Sanchez v. U.S. Bank Nat'l Ass'n, No. 8:18-cv-00500-JLS-KS, 2019 U.S. Dist. LEXIS 108692 (C.D. Cal. June 27, 2019), Judge Staton denied an FCRA/CCRAA Plaintiff’s MSJ that proceeded on the claim that the Plaintiff’s father allegedly falsely took out credit on Plaintiff’s behalf.  The facts were as follows: On August 22, 2015, an individual whom Plaintiff claims is his father,… 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 Oya v. Wells Fargo Bank, 2018 WL 5761486 (S.D.Cal. 2018), Judge Huff imposed a increased standard under the CCRAA than mere inaccuracy, and dismissed the Plaintiff’s credit reporting case. The facts were as follows. On June 15, 2018, Plaintiff Aki T. Oya filed for bankruptcy protection. (Id. ¶ 36.) Plaintiffs allege that Wells Fargo and Select had notice of… Read More

In Muehlenberg v. Experian Information Solutions, et. al., 2017 WL 6622837, at *3–4 (N.D.Cal., 2017), Judge Orrick dismissed an FCRA case premised on allegedly inaccurate reporting of an account as it passed through Chapter 13 bankruptcy proceedings. The Chase Defendants next contend that a review of the entire challenged report “in context” shows that Muehlenberg has not plausibly alleged any inaccuracy… Read More

In Kunwar v. Capital One, N.A., 2017 WL 5991864, at *3–6 (N.D.Cal., 2017), Judge Koh allowed an FCRA claim past the pleading stage based on the argument that reporting a debt that was "cancelled" by issuance of a 1099-C rendered the reporting inaccurate. Plaintiff's complaint alleges that Defendant reported an unpaid balance in Plaintiff's account with Defendant to the CRAs,… Read More

In Huizer v. Wells Fargo Bank, et. al., 2017 WL 2813181, at *3–4 (E.D.Cal., 2017), Judge O'Neill denied a furnisher's motion to dismiss a CCRAA claim grounded in post-bankruptcy credit reporting. This standard is met when a complaint plausibly alleges that a furnisher failed to report a debt as discharged. Venugopal v. Dig. Federal Credit Union, 2013 WL 1283436, at… Read More

In Herrera v. Allianceone Receivable Management, Inc., 2016 WL 7048318, at *8 (S.D.Cal., 2016), Judge Moskowitz granted summary judgment to debt collector on the basis that the debt collector did not know that the information it furnished to a CRA was inaccurate at the time it furnished the information. Defendant moves for summary judgment on this claim, arguing that there is… 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 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 Lovejoy v. Bank of America, N.A., 2013 WL 3360898 (N.D.Cal. 2013), Judge Ryu found sections 1785.25(b)-(c) of the CCRAA to be pre-empted by FCRA, even though section 1785.25(a) was not.  Plaintiffs argue that these sections not preempted because they are “informal remedies that compliment Section 1785.25(a),” which bars furnishers from re-porting incomplete or inaccurate information. (Pls.' Opp'n 9–10.) The… Read More

In Giovanni v. Bank of America, Nat. Ass'n  2012 WL 6599681 (N.D.Cal. 2012), Judge Beeler found that a FCRA Plaintiff failed to plead an inaccuracy in its reporting of a consumer's account that went through bankruptcy.   The facts were as follows: Plaintiff, Katheryn Giovanni currently resides in Chatham County, Georgia, but lived in California during the relevant times in the complaint.… Read More

In Mortimer v. Bank of America, N.A.  2012 WL 6218004 (N.D.Cal. 2012), Judge Spero addressed the interplay between bankrupt debt and credit reporting, finding that Plaintiff stated no FCRA or CCRAA claim.  The facts were as follows: Plaintiff Mark Mortimer (“Plaintiff”) brings this action against Defendant Bank of America, N.A., (“Defendant”) FN1 seeking redress for Defendant's alleged inaccurate reporting of his… Read More

In Grantham v. Bank of America, N.A., 2012 WL 5904729 (N.D.Cal. 2012), Judge James held that a Plaintiff stated a claim against a Bank for post-bankruptcy discharge credit reporting. In February 2011, Grantham sent a dispute letter to Experian requesting an investigation of the 1051 Account, disputing the alleged delinquencies reported in her credit report while her bankruptcy petition was… Read More