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District Court (Utah) Dismisses Plaintiff’s FCRA Claim Based on Reporting Bankrupt Account

by Scott J. Hyman |

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

District Court (Conn.) Clarifies When a Furnisher Must Report an Account as “Disputed”

by Scott J. Hyman |

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

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.) Confirms Reduced Credit Score Is Insufficient “Damage” Under FCRA

by Scott J. Hyman |

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

District Court (Nev.) Says Reporting of BK Was Accurate under FCRA

by Scott J. Hyman |

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

District Court (Az.) Says Consumer Report Was Not Inaccurate Because Trade-Line Failed to Report Bankruptcy Discharge When Consumer Report as a Whole Reported the Discharge

by Scott J. Hyman |

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

6th Cir. Confirms that Inaccuracy of Reporting is a Threshold Requirement of a Re-investigation Claim Against a Furnisher

by Scott J. Hyman |

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

District Court (Utah) Says Furnisher May Have Reported Loan Properly Through Ch. 13 Proceedings; Denies Plaintiff’s Motion for Summary Judgment

by Scott J. Hyman |

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

District Court (Nev.) Says Mortgage Company Did Not Lack a Permissible Purpose under the FCRA to “Soft” Pull a Consumer Report Post-Bankruptcy Discharge

by Scott J. Hyman |

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

District Court (Wis.) Says State Law’s Unique Receivership Program Similar to Bankruptcy Did Not Discharge Debt in a Way that Continued Reporting Constituted an “Inaccuracy” that Could Have Been Discovered on Re-investigation

by Scott J. Hyman |

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

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