Bankruptcy Reporting

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 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 Layton v. Experian Info. Sols., Inc., No. 4:20-cv-00029-DN-PK, 2020 U.S. Dist. LEXIS 205221, at *2-3 (D. Utah Nov. 2, 2020), Judge Nuffer found no inaccuracy in the way that Discover was reporting the Plaintiff's bankrupt account. Layton sent a letter, certified, return receipt, to Experian disputing and requesting the above inaccurate information be removed as follows: "Immediately correct this… Read More

In Isler v. GE Emples. Fed. Credit Union, No. 3:18-cv-00867 (MPS), 2020 U.S. Dist. LEXIS 176562 (D. Conn. Sep. 25, 2020), Judge Shea clarified when a Furnisher is and is not required to report an account as “disputed”. Plaintiff [*22]  also argues that GE Credit Union was negligent in failing at least to mark Plaintiff's account as disputed. Some courts have… Read More

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

In Gadomski v. Patelco Credit Union, No. 2:17-cv-00695-TLN-AC, 2020 U.S. Dist. LEXIS 51070 (E.D. Cal. Mar. 23, 2020), Judge Nunley dismissed an FDCPA case because of the lack of damages. Plaintiff further contends that FRCA plaintiffs may prove a claim for actual damages by showing the unreasonable investigation of a credit dispute has resulted in emotional harm or humiliation, even… Read More

In Ku v. Trans, No. 2:18-CV-1714 JCM (BNW), 2020 U.S. Dist. LEXIS 27474 (D. Nev. Feb. 18, 2020), Judge Mahan ruled against an FCRA Plaintiff alleging inaccurate reporting of a bankrupt account. Unsurprisingly, information in a consumer report is inaccurate if it is patently incorrect. Carvalho, 629 F.3d at 890. Even if information is "technically accurate," however, it may be… 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 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 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 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 Gadomski v. Equifax Information Services, Inc., 2018 WL 2096862, at *4–6 (E.D.Cal., 2018), the District Court found that no willful violation of the CRA could lie absent prior notice that the information was inaccurate or that the information came from an unreliable source.  Here, Defendant does not dispute that the information reported on Plaintiff’s credit report was inaccurate. (See ECF… Read More

In Florence v. Cenlar Federal Savings & Loan, 2018 WL 1145804, at *5–7 (D.Nev., 2018), Judge Navarro held that a mortgage debt was accurately reported through and after Chapter 13 bankruptcy proceedings. As a court stated in this District, “[t]he [c]ourt was unaware of any statute or case providing that discharge in bankruptcy makes a debt unreportable as opposed to uncollectable.”… Read More

In Hogue v. Allied Collection Service, Inc., 2018 WL 771321, at *4–5 (D.Nev., 2018), the District Court granted summary judgment to an auto finance company who was sued for the way that it reported, and then reinvestigated, an automobile account after a debtor filed Chapter 13. Silver State argues that it is undisputed that plaintiff's auto account was delinquent on… Read More

In Nissou-Rabban v. Capital One Bank (USA), N.A., 2018 WL 538962, at *6 (S.D.Cal., 2018), Judge Houston found that an FCRA plaintiff whose credit card account has passed through bankruptcy sufficiently alleged an "inaccuracy" under the FCRA and that such claim could proceed as a class action.  After allowing the Plaintiff to amend the Complaint to allege a class action, the… Read More

In Harris v. Nissan-Infiniti, LT, 2018 WL 387397, at *1 (D.Nev., 2018), Judge Mahan dismissed an FCRA claim grounded in a furnisher's reporting of an automobile account after Chapter 7 discharge.  The facts were as follows: On or about June 16, 2011, plaintiff filed for Chapter 7 Bankruptcy (“bankruptcy”). (ECF No. 1 at 4). The bankruptcy court discharged plaintiff's obligations on… Read More

In Gadomski v. Wells Fargo Bank N.A., 2018 WL 263903, at *3–4 (E.D.Cal., 2018), Judge Nunley rejected a consumer's claim that her FCRA claim was not subject to contractual arbitration because she'd had an intervening bankruptcy discharge. Plaintiff first argues the Agreement was rendered unenforceable because of the Bankruptcy Action. (ECF No. 15 at 5–6.) However, Plaintiff offers no cases… Read More