In Donald Cable v. Midland Funding, No. 3:19-CV-00015-GFVT, 2019 U.S. Dist. LEXIS 115597 (E.D. Ky. July 11, 2019), Judge Van Tatenhove dismissed an FCRA claim. The Complaint acknowledges that CCU was notified of Mr. Cable's dispute and CCU subsequently verified the debt with the credit reporting agencies, [R. 1 at ¶¶ 30-31], but leaves the Court left to guess as… Read More
In Sanchez v. U.S. Bank Nat'l Ass'n, No. 8:18-cv-00500-JLS-KS, 2019 U.S. Dist. LEXIS 108692 (C.D. Cal. June 27, 2019), Judge Staton denied an FCRA/CCRAA Plaintiff’s MSJ that proceeded on the claim that the Plaintiff’s father allegedly falsely took out credit on Plaintiff’s behalf. The facts were as follows: On August 22, 2015, an individual whom Plaintiff claims is his father,… Read More
In Zemelka v. Trans, No. CV-18-04179-PHX-SMB, 2019 U.S. Dist. LEXIS 91207 (D. Ariz. May 31, 2019), Judge Brnovich dismissed an FCRA claim against a CRA arising from bankruptcy reporting due to the absence of an inaccuracy. Plaintiff has two claims against Defendant Trans Union. The first is a clam under 15 U.S.C. §1681e(b) and the second under 15 U.S.C. §1681i.… Read More
In Hall v. Southwest Credit Sys., L.P., 2019 U.S. Dist. LEXIS 73350, *5-11 (D.C. Dist. May 1, 2019), Judge Howell found that a debt collector's failure to report to the consumer reporting agencies that the account was "disputed" could violate multiple provisions of the FDCPA. This case concerns one allegation: The defendant reported a debt to credit bureaus that the… Read More
In Chandler v. Peoples Bank & Tr. Co., No. 18-5361, 2019 U.S. App. LEXIS 12100, at *13-14 (6th Cir. Apr. 24, 2019), an FCRA plaintiff complained that a creditor and it's assignee breached a bankruptcy re-affirmation agreement, resulting in inaccurate reporting. Once the 6th Circuit found that there was no breach, the Court of Appeals found that no FCRA claim… Read More
In Rainer v. Experian Info. Solutions, Inc., 2019 U.S. Dist. LEXIS 39217 (D.Utah. March 11, 2019), Judge Sam denied an FCRA Plaintiff’s motion for summary judgment relating to how the Furnisher reported the Plaintiff’s Account through and after the Plaintiff’s Chapter 13 bankruptcy. In 2008, Plaintiff borrowed $4,500 from Grantsville Federal Credit Union. AUFCU became the owner of Plaintiff's account… Read More
In In re Ocwen Loan Servicing LLC Litig., No. 3:16-cv-00200-MMD-WGC, 2019 U.S. Dist. LEXIS 25968 (D. Nev. Feb. 19, 2019), Judge Du found that a mortgage company had a permissible purpose to ‘soft’ pull a consumer report post-bankruptcy discharge. The facts were as follows. Plaintiffs are Christopher Marino, Henry L. Farrin, Jr., Joshua E. Hardin, Kristen Hardin, Dionne Horton, Deonca… Read More
In Garland v. Marine Credit Union, 2018 WL 5313769, at *3–4 (E.D.Wis., 2018), Judge Griesbach dismissed an FCRA claim on the basis that there was no inaccuracy. Plaintiff claims that Defendants violated the FCRA by failing to conduct a reasonable investigation of the disputed Marine and World debts and refusing to correct the inaccurate information contained in her credit report.… Read More
In Bondi v. Nationstar Mortgage, LLC., 2018 WL 5291221 (C.A.9 (Nev.), 2018), the Court of Appeals for the Ninth Circuit in an unpublished decision found that no FCRA claim would lie for a direct dispute with the Furnisher and, even if one did, the Furnisher did not unreasonably investigate the dispute simply because it reached a conclusion adverse to the consumer.… Read More
In Marino v. PNC Bank, N.A., 2018 WL 5114136, at *1 (D.Nev., 2018), Judge Du dismissed an FCRA claim by a homeowner against a creditor based on the creditor's obtaining a consumer report post-bankruptcy. The facts were as follows: Marino obtained a mortgage with PNC. Thereafter, in 2013, she filed for bankruptcy. The bankruptcy court “discharge[d] her in personam liability… Read More
In Ghazaryan v. Equinox Information Services, LLC., 2018 WL 5098835 (9th Cir. (Cal.), 2018), the Court of Appeals for the Ninth Circuit in an unpublished opinion affirmed the district court’s grant of summary judgment in favor of a consumer reporting agency. In conducting a reinvestigation, a consumer credit reporting agency must “review and consider all relevant information” that the consumer submits… Read More
In Smith v. One Nevada Credit Union, 2018 WL 4407251, at *1 (D.Nev., 2018), Judge Navarro certified an FCRA settlement class. The facts were as follows: On July 18, 2017, Plaintiff filed his Amended Complaint (the “Complaint”) alleging violations of the FCRA, 15 U.S.C. § 1681 et seq. on behalf of a Putative Class comprising similarly situated persons, discussed infra.… Read More
In Pittman v. Experience Information Soluntions, Inc., 2018 WL 4016604 (5th Cir. 2018), the Court of Appeals held that inaccuracy is an element of a claim against a furnisher under the FCRA, but the Plaintiff might have pleaded enough. There is no issue that Pittman notified the CRAs of his dispute, or that Experian and Equifax notified the Servicers of the… Read More
In Heard v. Nationstar Mortgage, LLC, 2018 WL 4028116 (N.D. Ala. August 23, 2018), Judge Haikala found that a mortgage company’s dialer was an ATDS under the TCPA. Nationstar argues that its system is not an automatic dialer because it does not “store” caller information. That information, Nationstar argues, is located on a separate “host system.” (Doc. 51, p. 6). But… Read More
In Caseman v. Silver Schools Credit Union, 2018 WL 3620484, at *5 (D.Nev., 2018), Judge Boulware granted summary judgment to a furnisher who submitted corrections to a consumer's account information to a CRA, but where the CRA did not make the change because it did not comply with the CRA's internal formatting. The Court finds that Silver State acted reasonably and… Read More
In Abernathy v. Continental Service Group, Inc. d/b/a/ Conserve, et. al., 2018 WL 3370524, at *6–7 (D.Nev., 2018), Judge Gordon found that a furnisher properly re-investigated a consumer dispute, evaluating prior disputes in context as well as how much information the consumer gave in the dispute itself. Abernathy's first dispute letter to Experian stated the ConServe account was “not familiar.”… Read More
In Randall v. Dish Network, LLC, 2018 WL 3235543, at *3 (E.D.N.Y., 2018), Judge Spatt dismissed an FCRA-permissible purpose case premised on identity theft. The Plaintiff has not successfully alleged that Dish negligently violated § 1681q by allowing an identity thief to open an account and perform a consumer credit check on the Plaintiff’s account. “A person cannot obtain information… Read More
In Felts v. Wells Fargo Bank, N.A., 2018 WL 3130674 (11th Cir. 2018), the Court of Appeals for the Eleventh Circuit found that a Bank’s reporting of a mortgage account in forbearance as ‘past due’ did not violate the FCRA. The Court of Appeals imposed a causation requirement on an FCRA re-investigation claim, namely that the (un)reasonableness of a re-investigation… Read More
In Delgado v. Ally Financial, et. al., 2018 WL 2128661, at *5–6 (S.D.Cal., 2018), Judge Benitez ordered an FCRA case to arbitration, rejecting the Plaintiff's argument that the bankruptcy eliminated the arbitration clause. Delgado also opposes the enforcement of the arbitration provision on the basis his bankruptcy discharge rendered the arbitration provision unenforceable. (Doc. No. 25 at 4.) This assertion,… Read More
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
