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FCRA -- 15 U.S.C. § 1681

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District Court (Pa.) Says CRA’s Reporting Account As Closed/Zero Balance/Past Due Is Neither Inconsistent Nor Inaccurate

by Scott J. Hyman |

Smith v. Trans Union LLC, No. 20-4233, 2021 U.S. Dist. LEXIS 198812 (E.D. Pa. Oct. 14, 2021), Judge Savage dismissed an FCRA case premised on an alleged inconsistency in reporting an account as closed with a zero balance but also a past due balance. The issue in these Fair Credit Reporting Act (FCRA) actions is whether a consumer reporting agency's… Read More

District Court (La.) Finds Neither FDCPA Nor FCRA Cover Commercial Transactions

by Scott J. Hyman |

In Weiser v. Castille, No. 20-2043, 2021 U.S. Dist. LEXIS 173993, at *13-14 (E.D. La. Sep. 14, 2021), Judge Lemmon dismissed FDCPA and FCRA claims arising out of a Plaintiff's investment mobile home properties.   Additionally, an obligation arising from a commercial transaction, as opposed to a transaction "primarily for personal, family, or household purposes" is not a "debt" as defined… Read More

District Court (Ala.) Says FDPCA Plaintiff States 1692e(8) Claim For Collector’s Failure to Report Subsequent Report as “Disputed”

by Scott J. Hyman |

In Canady v. Kaps & Co. (USA) Ltd. Liab. Co., No. 4:20-CV-1253-CLM, 2021 U.S. Dist. LEXIS 148878, at *7-9 (N.D. Ala. Aug. 9, 2021), Judge Maze found that an FDCPA Plaintiff stated a 1692e(8) claim. Kaps also argues that Canady's complaint fails to state a claim under § 1692e(8) because Canady alleges that she disputed the debt only after Kaps… Read More

SCOTUS Says Every Classmember Must Have Art. III Standing

by Scott J. Hyman |

In TransUnion LLC v. Ramirez, No. 20-297, 2021 U.S. LEXIS 3401, at *1-7 (June 25, 2021), the Supreme Court held that every classmember must meet Art. III Standing.  SCOTUS explained in the syllabus: The Fair Credit Reporting Act regulates the consumer reporting agencies that compile and disseminate personal information about consumers. 15 U. S. C. §1681 et seq. The Act also creates a cause… Read More

District Court (Ala.) Finds No FCRA Inaccuracy For Auto Finance Company’s Reporting Payment Amount on Closed/Zero’d Account

by Scott J. Hyman |

In  Bruce v. Am. Honda Fin. Corp., No. 3:20-cv-00128-ECM, 2021 U.S. Dist. LEXIS 107187, at *9 (M.D. Ala. June 8, 2021), Judge Marks ruled against a FCRA Plaintiff on the claim that identification of the amount monthly payment on a closed, zero-balanced account is "inaccurate" and suggests to users that the account is open. Now pending before the Court is… Read More

District Court (Wash.) Prevents Discovery from Furnisher Into FCRA Plaintiff’s Settlements with CRAs

by Scott J. Hyman |

In Cheetham v. Specialized Loan Servicing LLC, No. 2:20-CV-762-JCC-DWC, 2021 U.S. Dist. LEXIS 99759 (W.D. Wash. May 26, 2021), Judge Cristel protected inquiry by a Furnisher from a FCRA plaintiff of the Plaintiff’s settlement with the CRAs. SLS seeks to compel Jon to respond to a deposition question inquiring into the total sum of monies Plaintiffs received from each CRA… Read More

District Court (Md.) Allows FCRA Claim Past Pleadings Stage for Alleged Failure to Report Account as Disputed

by Scott J. Hyman |

In Carrasco v. M & T Bank, No. SAG-21-0532, 2021 U.S. Dist. LEXIS 80487, at *8 (D. Md. Apr. 27, 2021), Judge Gallagher allowed an FCRA claim past the pleadings stage where the Plaintiff argued that the creditor had not reported the Account as disputed. Count One of Plaintiff's Complaint fairly alleges that M&T violated the FCRA by failing to inform the… Read More

3rd Cir. Says Car Dealer Did Not Violate TILA or FCRA By Assigning RISC to New Lender Following Rejection of RISC by First Lender

by Scott J. Hyman |

In Brogan v. Fred Beans Chevrolet, No. 20-1944, 2021 U.S. App. LEXIS 11183, at *1-2 (3d Cir. Apr. 19, 2021), the Court of Appeals for the Third Circuit found no TILA or FCRA violation by a car dealer in attempting to get a customer's car financed.  The facts were as follows: In 2017, Brogan bought a used Subaru from Fred… Read More

District Court (Mich.) Grants MSJ to Auto Lender in Post-BK FCRA Case, After Initially Letting Case Past the Pleadings Stage

by Scott J. Hyman |

In Tillman v. Mich. First Credit Union, & Sec. Auto Loans, No. 19-12860, 2021 U.S. Dist. LEXIS 66146, at *9 (E.D. Mich. Apr. 5, 2021), Judge Lawson granted summary judgment to an automobile lender on a challenge to the consumer report listing payment amounts post-bankruptcy discharge. The Sixth Circuit recently clarified the showing that must be made to sustain the… Read More

District Court (Minn.) Applies FCRA to On-Line Personal Information Aggregator Who Issues Reputation Score

by Scott J. Hyman |

In Finlay v. MyLife.com Inc., No. 20-cv-1105 (SRN/DTS), 2021 U.S. Dist. LEXIS 49154, at *16-18 (D. Minn. Mar. 16, 2021), Judge Nelson denied a Motion to Dismiss asserting that MyLife did not issue "consumer reports" under the FCRA. Plaintiff Brion Finlay is a resident of Minnesota and is currently searching for a new job. (Id. ¶¶ 1, 40.) He alleges… Read More

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