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In Canady v. Kaps & Co. (USA) Ltd. Liab. Co., No. 4:20-CV-1253-CLM, 2021 U.S. Dist. LEXIS 148878, at *7-9 (N.D. Ala. Aug. 9, 2021), Judge Maze found that an FDCPA Plaintiff stated a 1692e(8) claim. Kaps also argues that Canady's complaint fails to state a claim under § 1692e(8) because Canady alleges that she disputed the debt only after Kaps… Read More

In  Bruce v. Am. Honda Fin. Corp., No. 3:20-cv-00128-ECM, 2021 U.S. Dist. LEXIS 107187, at *9 (M.D. Ala. June 8, 2021), Judge Marks ruled against a FCRA Plaintiff on the claim that identification of the amount monthly payment on a closed, zero-balanced account is "inaccurate" and suggests to users that the account is open. Now pending before the Court is… Read More

In Carrasco v. M & T Bank, No. SAG-21-0532, 2021 U.S. Dist. LEXIS 80487, at *8 (D. Md. Apr. 27, 2021), Judge Gallagher allowed an FCRA claim past the pleadings stage where the Plaintiff argued that the creditor had not reported the Account as disputed. Count One of Plaintiff's Complaint fairly alleges that M&T violated the FCRA by failing to inform the… Read More

In Brogan v. Fred Beans Chevrolet, No. 20-1944, 2021 U.S. App. LEXIS 11183, at *1-2 (3d Cir. Apr. 19, 2021), the Court of Appeals for the Third Circuit found no TILA or FCRA violation by a car dealer in attempting to get a customer's car financed.  The facts were as follows: In 2017, Brogan bought a used Subaru from Fred… Read More

In Tillman v. Mich. First Credit Union, & Sec. Auto Loans, No. 19-12860, 2021 U.S. Dist. LEXIS 66146, at *9 (E.D. Mich. Apr. 5, 2021), Judge Lawson granted summary judgment to an automobile lender on a challenge to the consumer report listing payment amounts post-bankruptcy discharge. The Sixth Circuit recently clarified the showing that must be made to sustain the… Read More

In Trim v. CMRE Fin. Servs., No. 20-cv-451-AJB-LL, 2021 U.S. Dist. LEXIS 48060, at *1-3 (S.D. Cal. Mar. 12, 2021), Judge Battaglia denied a motion to dismiss an FCRA permissible purpose class action. Around May 4, 2018, Plaintiff incurred a financial obligation ("Debt") to a third party, Rady Children's Hospital San Diego ("Rady"). (Doc. No. 1 at 5.) On September… Read More

  In Ewert v. FD Holdings, LLC, No. 20-cv-354-wmc, 2021 U.S. Dist. LEXIS 9402 (W.D. Wis. Jan. 19, 2021), Judge Conley dismissed an FCRA claim premised on an account that passed through bankruptcy being improperly reported. Plaintiff Lance M. Ewert alleges that defendant FD Holdings, LLC, d/b/a "Factual Data," violated his rights under the Fair Credit Reporting Act, 15 U.S.C.… Read More

In Nelson v. Mortgage, No. 19-01005-WS-B, 2020 U.S. Dist. LEXIS 222396 (S.D. Ala. Nov. 25, 2020), the District Court granted summary judgment to a mortgage company on an FCRA claim. Nationstar counters, however, that plaintiffs have made no showing that any such emotional distress damages resulted from the alleged FCRA violation, which is a legal requirement of the claim. See,… Read More

InHernandez v. Specialized Loan Servicing Llc, Nos. 19-55163, 19-56313, 2020 U.S. App. LEXIS 36064 (9th Cir. Nov. 17, 2020), an unpublished decision, the Court of Appeals for the Ninth Circuit found against an FCRA Plaintiff. As to the FCRA claims, plaintiffs failed to establish that SLS neglected its duty to conduct reasonable investigations of the dispute notices it received from… Read More

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