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FCRA -- 15 U.S.C. § 1681

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On June 16, 2020, the Consumer Financial Protection Bureau (Bureau) released a series of Frequently Asked Questions (FAQs) regarding furnishers and credit reporting agencies (CRAs) obligations under the CARES Act.  Here is a link to the FAQs: https://files.consumerfinance.gov/f/documents/cfpb_fcra_consumer-reporting-faqs-covid-19_2020-06.pdf Most critically, the FAQs clarified that when enforcing the amendments to FCRA under the CARES Act, the Bureau "expects furnishers and consumer… Read More

In Krosch v. Equifax Info. Servs., LLC, No. 19-CV-2784 (NEB/KMM), 2020 U.S. Dist. LEXIS 99150, at *5-9 (D. Minn. June 5, 2020), Judge Brasel held that a consumer stated no FCRA claim against a CRA due to the CRA's alleged failure not to report all furnishers' tradelines. Experian argues that the Complaint fails to allege either of these elements because… Read More

In Hogue v Silver State Schools Credit Union, the Court of Appeals for the Ninth Circuit affirmed dismissal of an FCRA case due to lack of Article III standing. First, Hogue has not shown actual harm to his concrete interests. The district court found that “no third parties made an adverse credit decision as to [Hogue] based on this disputed… Read More

In Denan v. Trans Union LLC, No. 19-1519, 2020 U.S. App. LEXIS 14930 (7th Cir. May 11, 2020), the Court of Appeals for the Seventh Circuit held that a CRA, under the guise of determining accuracy, was not obligated to adjudicate the consumer claims that the debt was not valid. Here, plaintiffs contend not only that Trans Union had a… Read More

In Tailford v. Experian Info. Sols., No. SACV 19-02191JVS(KESx), 2020 U.S. Dist. LEXIS 84658 (C.D. Cal. May 12, 2020), Judge Selna dismissed a claim against Experian for failure to disclose in a “file” under the FCRA behavioral data that it maintained on the consumer.  The data the Experian maintained was as pleaded as follows: Experian also collects "non-traditional" consumer data… Read More

In Gadomski v. Patelco Credit Union, No. 2:17-cv-00695-TLN-AC, 2020 U.S. Dist. LEXIS 51070 (E.D. Cal. Mar. 23, 2020), Judge Nunley dismissed an FDCPA case because of the lack of damages. Plaintiff further contends that FRCA plaintiffs may prove a claim for actual damages by showing the unreasonable investigation of a credit dispute has resulted in emotional harm or humiliation, even… Read More

In Ku v. Trans, No. 2:18-CV-1714 JCM (BNW), 2020 U.S. Dist. LEXIS 27474 (D. Nev. Feb. 18, 2020), Judge Mahan ruled against an FCRA Plaintiff alleging inaccurate reporting of a bankrupt account. Unsurprisingly, information in a consumer report is inaccurate if it is patently incorrect. Carvalho, 629 F.3d at 890. Even if information is "technically accurate," however, it may be… Read More

In Marshall v. Robins Fin. Credit Union, No. 5:19-CV-260 (MTT), 2020 U.S. Dist. LEXIS 22274 (M.D. Ga. Feb. 10, 2020), Judge Treadwell found against an FCRA Plaintiff in a ‘scheduled monthly payment’ claim. Robins argues that it did not furnish an inaccurate tradeline because the monthly payment amount of $524.00 is an accurate "historical term" for an account that it… Read More

In Sullivan v. Wells Fargo Bank, N.A., No. 19-0234-WS-M, 2019 U.S. Dist. LEXIS 196114 (S.D. Ala. Nov. 12, 2019), Judge Steele allowed a “permissible purpose’ FCRA case past the pleadings stage despite the commercial nature of the transaction. Entangled with the defendant's [*16]  argument that it did not pull a "consumer report" is the argument that "FCRA does not apply to… Read More

In Cowley v. Equifax Info. Servs., No. 2:18-cv-02846-TLP-cgc, 2019 U.S. Dist. LEXIS 193522 (W.D. Tenn. Nov. 7, 2019, the District Court refused to allow a scheduled monthly payment issue case to proceed under the FCRA. The only evidence Plaintiff [*9]  brings to defeat UCFSC's motion for summary judgment is that the industry guideline, the CRRG, suggests that when a furnisher of… Read More

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