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In Blakeney v. Experian Information Solutions, Inc., 2016 WL 4270244, at *4–6 (N.D.Cal., 2016), Judge Koh dismissed a FCRA claim grounded in debt collectors' reporting of an account passing through Chapter 13 bankruptcy. As to Plaintiff's first theory of liability, the FCRA requires a furnisher to “conduct an investigation with respect to the disputed information” after the furnisher receives notice… Read More

In Jackson v. Experian Information Solutions, Inc., et. al., 2016 WL 2910027, at *3-5 (N.D.Ill., 2016), Judge Kennelly found that a Chapter 13 debtor stated a claim that a loan servicer's post-Chapter 13 bankruptcy reporting remained inaccurate even after the furnisher made corrections because it did not correct all the inaccuracies in the consumer's report. In count 2 of his complaint, Jackson… Read More

In Blakeney v. Experian Information Solutions, 2016 WL 1535085, at *1-2 (N.D.Cal., 2016), Judge Koh grants a Motion to Dismiss filed by a FCRA furnisher who was alleged to have failed to properly re-investigate a dispute regarding an account that passed through Chapter 13. On November 7, 2014, Plaintiff filed for Chapter 13 bankruptcy. ECF No. 1 (“Compl.”) ¶ 5. “Chapter… Read More

In Mestayer v. Experian Information Solutions, Inc, 2016 WL 631980, at *1 (N.D.Cal., 2016), Judge Chen dismissed a Plaintiff's FCRA/CCRAA claims grounded in credit reporting during bankruptcy proceedings. On or about November 25, 2013, Ms. Mestayer filed for bankruptcy in the Northern District of California. On or about April 20, 2014, she received a bankruptcy discharge. During the bankruptcy proceedings, Ms.… Read More

I know it's a real property case, but the argument is something that we've seen a bit of in California on the personal property side.  In Groff v. Wells Fargo Home Mortg., Inc., 2015 WL 2169811 (E.D. Mich. 2015), Judge Lawson found that the defendant did not violate the Fair Credit Reporting Act when it reported that the plaintiff’s bankruptcy-discharged… Read More

In Landini v. FIA Card Services, National Association, 2014 WL 587520 (N.D.Cal. 2014), Magistrate Judge Lloyd granted summary judgment on two matters filed by the Sagaria law group alleging that a debt collector’s affirmation of pre-bankruptcy historical reporting after bankruptcy was filed did not result in FCRA liability.  The facts were as follows: Landini opened a credit card account with… Read More

In Mortimer v. Bank of America, N.A., 2013 WL 57856 (N.D.Cal. 2013), Judge Spero rejected a FCRA plaintiff's complaints about a creditor's reporting of his account through and after bankruptcy, but allowed leave to amend as to Plaintiff's CCRAA and UCL claims. Several courts, including two in this district involving closely analogous factual situations, have held that reports, after discharge, of delinquencies… Read More

In Giovanni v. Bank of America, Nat. Ass'n  2012 WL 6599681 (N.D.Cal. 2012), Judge Beeler found that a FCRA Plaintiff failed to plead an inaccuracy in its reporting of a consumer's account that went through bankruptcy.   The facts were as follows: Plaintiff, Katheryn Giovanni currently resides in Chatham County, Georgia, but lived in California during the relevant times in the complaint.… Read More

In Grantham v. Bank of America, N.A., 2012 WL 5904729 (N.D.Cal. 2012), Judge James held that a Plaintiff stated a claim against a Bank for post-bankruptcy discharge credit reporting. In February 2011, Grantham sent a dispute letter to Experian requesting an investigation of the 1051 Account, disputing the alleged delinquencies reported in her credit report while her bankruptcy petition was… Read More

In King v. Bank of America, N.A., 2012 WL 4685993 (N.D.Cal. 2012), Judge Spero found a bankrupt Plaintiff’s FCRA claims to be outside of Walls v. Wells Fargo.  The facts were as follows: On July 21, 2010, the United States Bankruptcy Court for the Northern District of California granted Plaintiff a discharge of all dischargeable debts pur-suant to 11 U.S.C. §… Read More

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