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CEB Prac. Guide § 2A.34H — False or Misleading Representations (Threat to Falsify Credit Report)

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In Koehler v. Waypoint Res. Grp., No. 8:18-cv-2071-T-60AAS, 2019 U.S. Dist. LEXIS 191438 (M.D. Fla. Nov. 5, 2019), the District Court held that a debt collector’s reporting of a cable bill to the CRAs did not trigger the FDCPA. All of Koehler's FDCPA claims are based on Waypoint's error in reporting the original creditor as "Charter Communications" rather than "Bright… Read More

In Hall v. Southwest Credit Sys., L.P., 2019 U.S. Dist. LEXIS 73350, *5-11 (D.C. Dist. May 1, 2019), Judge Howell found that a debt collector's failure to report to the consumer reporting agencies that the account was "disputed" could violate multiple provisions of the FDCPA. This case concerns one allegation: The defendant reported a debt to credit bureaus that the… Read More

In Evans v. Portfolio Recovery Associates, LLC, 2018 WL 2035315, at *5–7 (C.A.7 (Ill.), 2018), the Court of Appeals for the Seventh Circuit held that a debt collector violates the FDCPA when the debt collector receives an (untimely) dispute from a debtor in response to a 30-day validation letter and thereafter reports the account to a consumer reporting agency without reporting… Read More

In McIvor v. Credit Control Services, Inc., --- F.3d ----, 2014 WL 6805380 (8th Cir. 2014), the Court of Appeals for the Eighth Circuit held that a debt collector’s reinvestigation of a credit dispute and communications with the CRAs was not a “communication” in connection with the collection of a debt under FCRA because, instead, it was the debt collector’s… Read More

In Calhoun v. Certegy Check Services, Inc., 2014 WL 4146886 (M.D.Fla. 2014), Judge Whittemore found that a Plaintiff stated a FCRA claim against a check services company for failing to report an account as ‘disputed’ during its reinvestigation. Plaintiff brought this action alleging violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., the Fair Debt… Read More