Skip to Content (Press Enter)

Skip to Nav (Press Enter)

Effective, Experienced, Exceptional.

Firm Profile

Injunctive Relief

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

District Court (Cal.) Finds CCRAA Claim Can Proceed Simultaneously with FCRA Claim; FCRA’s Prohibition Against Injunctive Relief Inapplicable to CCRAA Claim

by Scott J. Hyman |

In Ramirez v. Trans Union, LLC, --- F.Supp.2d ----, 2012 WL 4954120 (N.D.Cal. 2012), Judge Corely allowed a CCRAA claim to proceed against a CRA simultaneously with a FCRA claim, and found that FCRA’s prohibition against injunctive relief did not apply to CCRAA claims.  The District Court found no impediment to simultaneously maintaining CCRAA and FCRA claims. The only California… Read More

District Court (Cal.) Holds FCRA Does Not Allow Injunctive Relief

by Scott J. Hyman |

In Gauci v. Citi Mortg., 2011 WL 3652589 (C.D. Cal. 2011), Judge Wright held that FCRA does not allow for injunctive relief:   TransUnion argues that Plaintiff's third claim should be dismissed because equitable relief is not a remedy available to private parties under the FCRA. (Mot. at 4–5.) The Court agrees with TransUnion. District courts in the Ninth Circuit… Read More

District Court (Fla.) Confirms that Injunctive Relief is Not a Remedy Afforded by FCRA

by Scott J. Hyman |

In Picon v. Bank of America, N.A., 2011 WL 2470118 (M.D.Fla. 2011), Judge Steele confirmed that injunctive relief is not a remedy afforded by FCRA.      In general “[a] bsent the clearest command to the contrary from Congress, federal courts retain their equitable power to issue injunctions in suits over which they have jurisdiction.” Califano v. Yamasaki, 442 U.S.… Read More

6th Circuit Says Actual Damages Not Required for Willful FCRA Violation

by Scott J. Hyman |

In Beaudry v. Telecheck Services, Inc. , -- F.3d __, 2009 WL 2633205 (6th Cir. 2009), the Court of Appeals held that a FCRA plaintiff need not plead or prove actual damages -- e.g. denial of credit -- to recover for a willful violation of FCRA.   The Court of Appeals described Plaintiff's claim as follows: In 2007, Cheryl Beaudry sued the defendants, a… Read More

Northern District says FCRA Confers No Right to Injunctive Relief

by Scott J. Hyman |

In Yasin v. Equifax Information Services, Inc. 2008 WL 2782704 (N.D.Cal. 2008), Judge Chesney conducted an analysis of FCRA and held that "equitable relief is not available as a remedy" under FCRA, citing Howard v. Blue Ridge Bank 371 F.Supp.2d 1139, 1145 (N.D.Cal.2005).  Judge Chesney also used an analogy to the FDCPA, finding in dicta that the FDCPA does not either. Read More