In Kozlowski v. Bank of America, 2018 WL 2096381 (E.D.Cal.), 4 (E.D.Cal., 2018), the District Court found that the Plaintiff failed to allege an FCRA claim against a furnished. Plaintiff fails, however, to adequately allege the second and third elements of a claim under § 1681s-2(b). Plaintiff does not allege in her complaint that a consumer reporting agency notified the furnisher—here, BANA—of… Read More
In Blakeney v. Experian Information Solutions, Inc., 2016 WL 4270244, at *4–6 (N.D.Cal., 2016), Judge Koh dismissed a FCRA claim grounded in debt collectors' reporting of an account passing through Chapter 13 bankruptcy. As to Plaintiff's first theory of liability, the FCRA requires a furnisher to “conduct an investigation with respect to the disputed information” after the furnisher receives notice… 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 Gustafson v. Experian Info. Solutions Inc., No. 2:14-CV-01453-ODW EX, 2015 WL 3477071, at *6 (C.D. Cal. June 2, 2015), Judge Wright granted summary judgment to a debt collector on a Plaintiff's FCRA claim, alleging that the debt was "double-reported". “[S]ummary judgment is not precluded altogether on questions of reasonableness,” but “[i]t is only appropriate ‘when only one conclusion about the… Read More
In Wright v. Specialized Loan Servicing, LLC, 2015 WL 859604 (E.D.Cal. 2015), Judge Thurston held that an FCRA plaintiff must plead that the furnisher actually received the dispute from the CRA in order to state a claim under FCRA. Here, Plaintiff alleges that Defendant is a furnisher under the FCRA, and that Defendant “failed to conduct a proper and lawful… Read More
In Desselle v. Ford Motor Credit Co. LLC, 2014 WL 4635545 (E.D.La. 2014), Judge Fallon dismissed a FCRA claim against an automobile finance company. Here, Desselle does not allege that the three credit reporting agencies notified Ford Credit of the dispute. He merely asserts that he himself notified the three credit reporting agencies and Ford Credit, and that Ford Credit failed to… Read More
In Callahan v. Equifax Information Services LLC, 2013 WL 5503949 (N.D.Cal. 2013), Judge Alsup found that Plaintiff could state a FCRA claim in an SSN-swap situation. The proposed pleading alleged that Plaintiff’s credit reports indicated that a SunTrust mortgage account was associated with her. Plaintiff disputed the mortgage account and the CRAs notified SunTrust. Although plaintiff's SSN did not match… Read More
In Vartanian v. Portfolio Recovery Associates, LLC, 2013 WL 877863 (C.D.Cal. 2013), Judge Otis Wright III addressed a litany of FCRA and FDCPA claims brought by the Kaas Law Group. Judge Wright held that a FCRA Plaintiff need not plead that its dispute to the CRA was not frivilous; i.e. non-frivilousness is not an element of a FCRA claim. Contrary… Read More
In McDonald v. OneWest Bank, FSB, 2013 WL 858197 (W.D.Wash. 2013), Judge Lasnik found a triable issue of fact as to a furnisher’s reinvestigation under FCRA, finding that the furnisher can not rely solely on the information provided to it by the CRA when the furnisher has other information available to it to investigate. Plaintiff bears the burden of showing… Read More
In Saccato v. Discover Financial Services, Inc., 2012 WL 5951490 (9th Cir. 2012), the Court of Appeals for the Ninth Circuit held in an unpublished decision that the district court properly dismissed a FCRA claim under 15 U.S.C. § 1681s–2(b) because the Plaintiff failed to plead that the CRA notified the furnisher of the dispute. The district court properly concluded… 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
