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District Court (Tex.) Says FCRA’s 2-year SofL Does Not Accrue as to Furnishers Until Furnisher’s Reinvestigation of Consumer’s Dispute is Complete

by Scott J. Hyman |

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

District Court (Nev.) Says FCRA and FDCPA Claims Were Barred by Statutes of Limitations

by Scott J. Hyman |

In Galicia v. PlusFour, Inc., 2018 WL 3543039, at *3–5 (D.Nev., 2018), Judge Mahan granted a motion to dismiss FCRA and FDCPA claims based on the applicable statute(s) of limitations. First, the Court found that the FCRA claims were barred, and were not tolled due to subsequent reporting. Here, plaintiff discovered the violations and began reporting the inaccuracies in his… Read More

District Court (Pa.) Holds That There Is Almost No SofL for FCRA Claims; Consumer Can Create New Cause of Action for Time-barred Claim by Just Making a New Dispute and, Even Then, Claim is Tolled Until Consumer Discovers that the Furnisher’s Reinvestigation Was Unreasonable

by Alisa A. Givental |

In Escobar v. Pennsylvania Higher Education Assistance Agency Services, Inc., 2018 WL 1740364 (E.D. Pa. 2018), Judge Padova found that a furnisher can almost never close its books on a stale FCRA claim.  First, Judge Padova found that a consumer can renew a stale FCRA claim merely by filing a new dispute with the CRAs. PHEAA recognizes that, while the United… Read More

District Court (Cal.) Says Each Report and Dispute Triggers a New SofL under FCRA

by Scott J. Hyman |

In Vasquez v. Bank of America, N.A., 2015 WL 7075628, at *3 (N.D.Cal., 2015), Judge Seeborg found a FCRA Plaintiff's claims within the applicable statute of limitations. Federal courts are split on the question of whether each separate notice of dispute triggers a duty to investigate even if the information has been disputed previously. The majority of courts have concluded that “each… Read More

9th Circuit Says FCRA Identity Theft Case against Furnisher Should Have Gone to the Jury

by Scott J. Hyman |

In Drew v. Equifax Information Services, LLC --- F.3d ----, 2012 WL 3186110 (9th Cir. 2012), the Court of Appeals for the Ninth Circuit held that a furnisher could have violated its statutory duty under FCRA to block all reporting following its investigation of the consumer's identity theft claim.  A consumer had reported to a credit bureau that his identity had… Read More