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Emotional Distress

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District Court (Ill.) Says Emotional Distress from Denial of Credit is Not an Injury that the FCRA Vindicates

by Scott J. Hyman |

In Angulo v. Truist Bank, No. 22 C 923, 2022 U.S. Dist. LEXIS 193573, at *8 (N.D. Ill. Oct. 25, 2022), Judge Kendall granted a motion for judgment on the pleadings against an FCRA Plaintiff. The intangible humiliation and embarrassment of credit denial may also be considered a concrete injury in the FCRA context. In passing the FCRA, Congress found,… Read More

District Court (Ala) Says FCRA Plaintiff Cannot Cure Absence of Actual Damages for Negligent Violation by Claiming Willful Violation, But Willful Violation Without Damages Violates Spokeo

by Scott J. Hyman |

In Nelson v. Mortgage, No. 19-01005-WS-B, 2020 U.S. Dist. LEXIS 222396 (S.D. Ala. Nov. 25, 2020), the District Court granted summary judgment to a mortgage company on an FCRA claim. Nationstar counters, however, that plaintiffs have made no showing that any such emotional distress damages resulted from the alleged FCRA violation, which is a legal requirement of the claim. See,… Read More

District Court (Nev.) Says Auto Finance Company Properly Re-investigated Dispute after Consumer’s Ch. 13 Bankruptcy; Says FCRA Provides No Damages Without Inaccurate Consumer Report Being Published to Potential Grantor of Credit

by Alisa A. Givental |

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

District Court (Ohio) Says Consumer’s Hiring CRO to Dispute Consumer Report was not a “Direct” Dispute under the FCRA; Says Technical Inaccuracy Did Not Cause Any Damages

by Scott J. Hyman |

In Turner v. Experian Information Solutions, Inc., 2017 WL 2832738, at *6 (N.D.Ohio, 2017), Judge Zouhary found no recoverable FCRA damages. Turner concedes her damages are limited to emotional distress (Doc. 21 at ¶ 62). . . Turner testified that a mortgage broker advised her in early 2015—several months before the July 2015 dispute letter that forms the basis for this lawsuit—that… Read More

5th Cir. Says FCRA Does Not Cover Commercial Losses; Requires Something More to Prove Non-Economic Losses

by Scott J. Hyman |

In Bacharach v. Suntrust Mortgage, Incorporated, 2016 WL 3568059, at *1-2 (C.A.5 (La.), 2016), the Court of Appeals for the Fifth Circuit held that the FCRA does not provide protection against commercial losses. Bacharach argues that due to SunTrust's alleged FCRA violations that resulted in the reporting of misinformation to various credit agencies, she was unable to purchase property at 2841… Read More