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Fourth Circuit Finds Auto Lender Liable Under FCRA for Failing to Report Account as Disputed

by Scott J. Hyman |

In Saunders v. Branch Banking & Trust of Virginia, the Court of Appeals for the Fourth Circuit affirmed a punitive damage award against an automobile lender that had failed to report to the Credit Reporting Agencies in response to a Consumer Dispute Verification that the consumer disputed the account.  The Court of Appeals found that a furnisher's failure to report… Read More

Not California, but just too interesting — Alabama District Court Finds FACTA penalty unconstitutional

by Scott J. Hyman |

In Grimes v. Rave Motion Pictures No. 07-AR-1397-S (N.D.Ala. 2008), Judge William Acker found FACTA's penalty provision of "damages of not less than $100 and not more than $1,000" for each violation unconstitutionally vague in the context of a FACTA claim arising out of businesses' failure to truncate credit card numbers on electronically printed receipts.  The Court noted that imposing… Read More

Northern District Says No Deference to FCC Ruling on ‘Express Consent’ to Call Cell Phones Under TCPA

by Scott J. Hyman |

In Leckler v. CashCall, Inc,  Judge Susan Illston of the United States District Court for the Northern District refused to follow the FCC's January 4, 2008 interpretive ruling of the Telephone Consumer Protection Act, which had permitted lenders to use autodialers and prerecorded message calls to wireless numbers so long as express consent had been given, such as if the consumer provided… Read More

The Court of Appeals for the Ninth Circuit Applies the Rooker-Feldman Doctrine

by Scott J. Hyman |

On May 8, 2008, the Court of Appeals for the Ninth Circuit in Reusser v. Wachovia Bank, __ F.3d __ (9th Cir. 2008) applied the Rooker-Feldman doctrine to bar re-litigation in federal court of the propriety of a non-judicial foreclosure that had been stayed by the consumer's bankruptcy.  The Rooker-Feldman doctrine holds that federal courts lack jurisdiction to review claims seeking… Read More

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