CCRAA -- Civil Code § 1785.25

In Brown v. JPMorgan Chase & Co., Civil Action No. 22-11298-FDS, 2023 U.S. Dist. LEXIS 86171 (D. Mass. May 17, 2023), Judge Saylor dismissed a claim under Massachusetts state law. The Massachusetts Credit Reporting Act provides, in relevant part, that: [e]very person who furnishes information to a consumer reporting agency shall follow reasonable procedures to ensure that the information reported… Read More

In Miller v. Westlake Servs. LLC, No. 8:21-cv-00692-JLS-KES, 2022 U.S. Dist. LEXIS 197076, at *21-30 (C.D. Cal. Oct. 28, 2022), Judge Staton granted partial summary judgment to an FCRA Plaintiff who claimed that she was a victim of identity theft. First, the Court declines Plaintiff's invitation to rule that "solely engaging in data conformity" renders a furnisher's investigation per se… Read More

In Blackmon v. Ad Astra Recovery Servs., Case No.: 20-CV-800-CAB-JLB, 2021 U.S. Dist. LEXIS 75878 (S.D. Cal. April 20, 2021), Judge Bencivengo granted summary judgment to a debt collector who was alleged to have committed errors in connection with handling a purported claim of identity theft.   After the debtor failed to submit an affidavit of theft or police report but then… Read More

In Alan v. Equifax, Inc., No. CV 19-6588-DMG (ASx), 2019 U.S. Dist. LEXIS 194161 (C.D. Cal. Nov. 6, 2019), the District Court found no jurisdiction over a CCRAA claim. Federal law is not essential to the CCRAA claim under Cal Civ. Code section 1785.25(a). Defendant does not argue that the FCRA is a necessary element of the Section 1785.25(a) CCRAA… Read More

In Sanchez v. U.S. Bank Nat'l Ass'n, No. 8:18-cv-00500-JLS-KS, 2019 U.S. Dist. LEXIS 108692 (C.D. Cal. June 27, 2019), Judge Staton denied an FCRA/CCRAA Plaintiff’s MSJ that proceeded on the claim that the Plaintiff’s father allegedly falsely took out credit on Plaintiff’s behalf.  The facts were as follows: On August 22, 2015, an individual whom Plaintiff claims is his father,… Read More

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

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

In Kang v. Credit Bureau Connection, No. 1:18-CV-01359-AWI-SKO, 2019 U.S. Dist. LEXIS 45352 (E.D. Cal. Mar. 19, 2019), Judge Ishii denied a data reseller’s motion to dismiss under the FCRA and CCRAA.  The facts alleged were as follows: Plaintiff went to a car dealership in Huntington Beach, California to buy a car. After he selected the car that he wanted… Read More

In Espinoza v. Hunt & Henriquez, 2018 WL 6330895, at *2–3 (N.D.Cal., 2018), Magistrate Judge Cousins allowed a CCRAA claim past the pleadings stage. In her complaint, Espinoza alleges that Merrick violated § 1785.25(a). See Compl. ¶ 51. Thus, on the face of her complaint, Espinoza's CCRAA claim is not preempted by the FCRA. See U.S.C. § 1685t(b)(1)(F). Merrick, however,… Read More

In Oya v. Wells Fargo Bank, 2018 WL 5761486 (S.D.Cal. 2018), Judge Huff imposed a increased standard under the CCRAA than mere inaccuracy, and dismissed the Plaintiff’s credit reporting case. The facts were as follows. On June 15, 2018, Plaintiff Aki T. Oya filed for bankruptcy protection. (Id. ¶ 36.) Plaintiffs allege that Wells Fargo and Select had notice of… Read More

In Noori v. Bank of America, 2018 WL 654168, at *1 (C.A.9 (Cal.), 2018), the Court of Appeals allowed a CCRAA claim to proceed against a bank. Bank of America relies on Pulver v. Avco Financial Services, 182 Cal. App. 3d 622 (1986), for the proposition that no private right of action exists with respect to furnishers' liability under the CCRAA. But… Read More

In Muehlenberg v. Experian Information Solutions, et. al., 2017 WL 6622837, at *3–4 (N.D.Cal., 2017), Judge Orrick dismissed an FCRA case premised on allegedly inaccurate reporting of an account as it passed through Chapter 13 bankruptcy proceedings. The Chase Defendants next contend that a review of the entire challenged report “in context” shows that Muehlenberg has not plausibly alleged any inaccuracy… Read More

In Contreras v. Kohl's Department Stores, Inc., 2017 WL 6372646, at *3 (C.D.Cal., 2017), Judge Kato denied production of settlement agreements amongst FCRA co-defendants. Defendant argues the settlement agreements are necessary to determine (a) “whether Plaintiff has been fully compensated for his alleged injuries,” and (b) “the reasonableness of an attorney fee award should Plaintiff prevail on his claims.” JS at… Read More

In Kunwar v. Capital One, N.A., 2017 WL 5991864, at *3–6 (N.D.Cal., 2017), Judge Koh allowed an FCRA claim past the pleading stage based on the argument that reporting a debt that was "cancelled" by issuance of a 1099-C rendered the reporting inaccurate. Plaintiff's complaint alleges that Defendant reported an unpaid balance in Plaintiff's account with Defendant to the CRAs,… Read More

In Huizer v. Wells Fargo Bank, et. al., 2017 WL 2813181, at *3–4 (E.D.Cal., 2017), Judge O'Neill denied a furnisher's motion to dismiss a CCRAA claim grounded in post-bankruptcy credit reporting. This standard is met when a complaint plausibly alleges that a furnisher failed to report a debt as discharged. Venugopal v. Dig. Federal Credit Union, 2013 WL 1283436, at… Read More

In Herrera v. Allianceone Receivable Management, Inc., 2016 WL 7048318, at *8 (S.D.Cal., 2016), Judge Moskowitz granted summary judgment to debt collector on the basis that the debt collector did not know that the information it furnished to a CRA was inaccurate at the time it furnished the information. Defendant moves for summary judgment on this claim, arguing that there is… Read More

In Noori v. Bank of America, here, Judge Andre Birotte granted summary judgment to a bank in an FCRA case.  Judge Birotte found that the Plaintiff produced no evidence that the CRAs ever forwarded a dispute to the furnisher and, accordingly, no FCRA claim could lie. "Plaintiff has produced no evidence that BofA received, from any CRA, a notice of dispute through… 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

In Vasquez v. Bank of America, N.A., 2015 WL 7075628, at *3 (N.D.Cal., 2015), Judge Seeborg found a FCRA Plaintiff's claims within the applicable statute of limitations. Federal courts are split on the question of whether each separate notice of dispute triggers a duty to investigate even if the information has been disputed previously. The majority of courts have concluded that “each… Read More

In Lovejoy v. Bank of America, N.A., 2013 WL 3360898 (N.D.Cal. 2013), Judge Ryu found sections 1785.25(b)-(c) of the CCRAA to be pre-empted by FCRA, even though section 1785.25(a) was not.  Plaintiffs argue that these sections not preempted because they are “informal remedies that compliment Section 1785.25(a),” which bars furnishers from re-porting incomplete or inaccurate information. (Pls.' Opp'n 9–10.) The… Read More