During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.

Effective, Experienced, Exceptional.

Firm Profile

Art. III Standing

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

SCOTUS Says Every Classmember Must Have Art. III Standing

by Scott J. Hyman |

In TransUnion LLC v. Ramirez, No. 20-297, 2021 U.S. LEXIS 3401, at *1-7 (June 25, 2021), the Supreme Court held that every classmember must meet Art. III Standing.  SCOTUS explained in the syllabus: The Fair Credit Reporting Act regulates the consumer reporting agencies that compile and disseminate personal information about consumers. 15 U. S. C. §1681 et seq. The Act also creates a cause… Read More

District Court (Ala) Says FCRA Plaintiff Cannot Cure Absence of Actual Damages for Negligent Violation by Claiming Willful Violation, But Willful Violation Without Damages Violates Spokeo

by Scott J. Hyman |

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

9th Cir. Says FCRA Plaintiff Complaining About Post-Discharge Reporting of Auto Loan Failed Art. III Standing Requirements

by Scott J. Hyman |

In Hogue v Silver State Schools Credit Union, the Court of Appeals for the Ninth Circuit affirmed dismissal of an FCRA case due to lack of Article III standing. First, Hogue has not shown actual harm to his concrete interests. The district court found that “no third parties made an adverse credit decision as to [Hogue] based on this disputed… Read More

District Court (Cal.) Cites Kim v. BMW, and Says Bankrupt FCRA Plaintiff Had Art. III Standing to Assert FCRA/CCRAA Claim Against Credit Union

by Scott J. Hyman |

In Hernandez v. Certified Fed. Credit Union, No. CV 18-10448-CJC (JEMx), 2019 U.S. Dist. LEXIS 79020, at *6-9 (C.D. Cal. May 9, 2019), Judge Carney allowed an FCRA claim to proceed despite a challenge to Plaintiff's Article III standing. Plaintiffs have alleged a sufficiently "concrete and [*7]  particularized" injury. Under the FCRA and CCCRAA, a credit report or credit information is… Read More

6th Cir., citing Marbury v. Madison, Finds Check Writer Has No Standing in FCRA Claim Filed Against Check Verification Company

by Scott J. Hyman |

In Huff v. Telecheckservices,inc, No. 18-5438, 2019 U.S. App. LEXIS 13367 (6th Cir. May 3, 2019), the Court of Appeal for the Sixth Circuit found that an FCRA plaintiff had no no Art. III standing. This case deals with a fading technology (checks) and an evergreen imperative (Article III standing). When a customer buys something with a check, merchants often… Read More

9th Circuit Says Bankrupt Debtors Complaining About the Reporting of their Bankrutcy Lacked Spokeo Standing

by Scott J. Hyman |

In Jaras v. Equifax Inc., No. 17-15201, 2019 U.S. App. LEXIS 8743 (9th Cir. Mar. 25, 2019), the Court of Appeals for the Ninth Circuit addressed the Article III standing of bankrupt debtors complaining about how their bankruptcy was reported on their consumer report. In holding [in Spokeo, Ed.] that the plaintiff did have standing, we emphasized that  the inaccuracies in… Read More

9th Cir. Says FACTA Violation on Receipt Does Not Confer Art. III Standing without Concrete Injury Being Fairly Traceable; And, 9th. Cir. Wasn’t Buying Traceability

by Scott J. Hyman |

In Daniel v. National Park Service, 2018 WL 2424494 (9th Cir. 2018), the Court of Appeals for the Ninth Circuit again addressed the impact of Spokeo within the context of a FACTA-receipt case.  The Court found that not only must a concrete injury be pleaded, but the injury must be fairly traceable to the violation. We recently considered whether “receiving… Read More

District Court (Cal.) Says FCRA Class Rep. Has Spokeo Standing; Questions Regarding Absent Classmembers’ Spokeo Standing Do Not Defeat Class Certification

by Scott J. Hyman |

In Larson v. Transunion, LLC, 2016 WL 4367253, at *4 (N.D.Cal., 2016), Judge Orrick found Spokeo standing for a FCRA class representative and absent classmembers, and granted class certification. Given that Larson continues to have Article III standing to bring this case despite Spokeo, Trans Union' s challenges to my tentative rulings on ascertainability, predominance, and superiority also fail. Each… Read More