Disputed Accounts

In Mortimer v. Bank of America, N.A.  2012 WL 6218004 (N.D.Cal. 2012), Judge Spero addressed the interplay between bankrupt debt and credit reporting, finding that Plaintiff stated no FCRA or CCRAA claim.  The facts were as follows: Plaintiff Mark Mortimer (“Plaintiff”) brings this action against Defendant Bank of America, N.A., (“Defendant”) FN1 seeking redress for Defendant's alleged inaccurate reporting of his… Read More

In Morse v. USAA Federal Sav. Bank, 2012 WL 6020090 (D.Nev. 2012), Judge Dawson addressed a common credit reporting issue arising out of a dispute between former spouses over a credit card account.  The Plaintiff, the ex-wife, was an authorized user of a USAA Federal Savings Bank credit card initially issued to her former husband. Morse was divorced on March… Read More

In Harrold v. Experian Information Solutions, Inc., 2012 WL 4097708 (N.D.Cal. 2012), Judge Alsup found that FCRA still pre-empts other parts of the CCRAA that were not addressed by Gorman. The FCRA provides that “[n]o requirement or prohibition may be imposed under the laws of any State ... relating to the responsibilities of persons who furnish information to consumer reporting… Read More

In Mortimer v. JP Morgan Chase Bank, Nat. Ass'n, 2012 WL 3155563 (N.D.Cal. 2012), Judge Wilken addressed the impact of a now commonly-pleaded claim that a creditor continued to report late payments that were not made during a bankruptcy.  Judge Wilkens found that Plaintiffs failed to plead an inaccuracy – meaning that they actually made the payments during the bankruptcy… Read More

In Gauci v. Citi Mortg., 2012 WL 1535654 (C.D.Cal. 2012), Judge Otis Wright held that FCRA’s accuracy requirement is not designed to adjudicate a dispute between a furnisher, CRA, and a consumer. Plaintiff argues that “CMI had no right to have deemed Plaintiff a delinquent payer when CMI made the mistake of charging Plaintiff an incorrect amount of taxes.” (Opp'n… Read More

In Shap v. Capital One Financial Corp., 2012 WL 1080127 (E.D.Pa. 2012), Judge Rufe followed Saunders and Gorman to hold that a furnisher who fails, on re-investigation, to mark an account as ‘disputed’ can violate FCRA. In Gorman v. Wolpoff & Abramson, LLP, the Ninth Circuit found the reasoning in Saunders persuasive, holding that a furnisher's failure to report that… Read More

In Reed v. First Premier Bank, 2011 WL 6153100 (D.S.D. 2011), Judge Schreier found for a furnisher against a consumer's claim that the furnisher failed to report the account as disputed.  Judge Schreier explained: A furnisher cannot be held liable under section 1681s–2(b) simply for failing to report that a debt is disputed. Rather, a furnisher may only be liable if the… Read More

In Drew v. Equifax, 2009 WL 595459 (N.D.Cal. 2009), Judge Illston held that a furnisher was on notice of a consumer dispute when the CRA merely sent a letter to the furnisher notifying the furnisher that it had deleted the customer’s trade-line because the account was fraudulent.   Judge Illston explained:   Chase contends that it is entitled to summary judgment… Read More

In Saunders v. Branch Banking & Trust of Virginia, the Court of Appeals for the Fourth Circuit affirmed a punitive damage award against an automobile lender that had failed to report to the Credit Reporting Agencies in response to a Consumer Dispute Verification that the consumer disputed the account.  The Court of Appeals found that a furnisher's failure to report… Read More