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15 U.S.C. § 1681s-2(a)

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News Release:  https://protect-us.mimecast.com/s/QQeeBDuJmEDSg Letter to Financial Institutions:  http://files.consumerfinance.gov/f/201602_cfpb_letter-to-banks-on-lower-risk-accounts.pdf Bulletin:  http://files.consumerfinance.gov/f/201602_cfpb_supervisory-bulletin-furnisher-accuracy-obligations.pdf Read More

In Brill v. TransUnion, 2015 WL 9095103, at *1-2 (W.D.Wis. 2015), Judge Crocker dismissed a FCRA claim against TransUnion arising out of a vehicle co-lessee’s claims that the primary lessee forged his signature on a lease extension and then defaulted on it. The facts, apparently, arising out of a failed relationship, are not all that uncommon. On or about May… Read More

In Wright v. Experian Information Solutions, Inc., 2015 WL 6941273, at *4-6 (C.A.10 (Colo.),2015), the Court of Appeals for the Tenth Circuit said that the CRAs employed proper procedures to determine the accuracy of public liens. As noted above, the CRAs relied on LexisNexis to collect information from the Recorder's office. LexisNexis employs a collector to retrieve information from the Recorder's… Read More

In Longman v. Wachovia Bank, N.A. --- F.3d ----, 2012 WL 6604538 (2d Cir. 2012), the Court of Appeals for the Second Circuit followed Nelson to find no private right of action under 15 USC 1681s-2(a).  Although we have not previously addressed whether the Fair Credit Reporting Act provides a private cause of action for violations of § 1681s–2(a), the statute plainly restricts… 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Financial Services, Inc., 2012 WL 5951490 (9th Cir. 2012), the Court of Appeals for the Ninth Circuit held in an unpublished decision that the district court properly dismissed a FCRA claim under 15 U.S.C. § 1681s–2(b) because the Plaintiff failed to plead that the CRA notified the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 Noel v. Bank of America,  2012 WL 5464608 (N.D.Cal. 2012), Judge Conti dismissed a consumer’s FDCPA and FCRA claims against a Bank.  The facts were as follows: Plaintiff alleges that she paid off any debt she may once have owed to BOA. Compl. ¶ 13. She alleges that, in 2009, she sought assistance from counsel to address BOA's allegedly… Read More

In Keshishian v. AFNI Inc., 2012 WL 5378819 (C.D.Cal. 2012), Judge Feess dismissed Plaintiff’s claims as improvidently pleaded.  Plaintiff Marine A. Keshishian alleges that Defendants Afni, Inc., Enhanced Recovery Company, LLC, Equable Ascent Financial, LLC (“Equable”), and Union Adjustment Company, Inc. are engaged in unfair debt collection practices. (Docket No. 3 [Compl.].) Specifically, Plaintiff alleges violations of the Federal Fair… Read More

In Mortimer v. JP Morgan Chase Bank, Nat. Ass'n, 2012 WL 3155563 (N.D.Cal. 2012), Judge Wilken addressed the impact of a now commonly-pleaded claim that a creditor continued to report late payments that were not made during a bankruptcy.  Judge Wilkens found that Plaintiffs failed to plead an inaccuracy – meaning that they actually made the payments during the bankruptcy… Read More

In Reed v. First Premier Bank, 2011 WL 6153100 (D.S.D. 2011), Judge Schreier found for a furnisher against a consumer's claim that the furnisher failed to report the account as disputed.  Judge Schreier explained: A furnisher cannot be held liable under section 1681s–2(b) simply for failing to report that a debt is disputed. Rather, a furnisher may only be liable if the… Read More

In Corby v. American Exp. Co., 2011 WL 4625719 (C.D.Cal. 2011), Judge Wright found that, under Nelson, a consumer can only recover under FCRA for a section 1681s-2(b) claim – meaning, the consumer must first dispute the claim with the credit reporting agency.  Judge Wright as a corollary therefore held that a consumer can not recover for wrongful or inaccurate… Read More

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