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
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