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FCRA -- 15 U.S.C. § 1681

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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

District Court (Cal.) Allows Post-Discharge FCRA Permissible Purpose Class Action to Proceed Against Debt Collector

by Scott J. Hyman |

In Trim v. CMRE Fin. Servs., No. 20-cv-451-AJB-LL, 2021 U.S. Dist. LEXIS 48060, at *1-3 (S.D. Cal. Mar. 12, 2021), Judge Battaglia denied a motion to dismiss an FCRA permissible purpose class action. Around May 4, 2018, Plaintiff incurred a financial obligation ("Debt") to a third party, Rady Children's Hospital San Diego ("Rady"). (Doc. No. 1 at 5.) On September… Read More

District Court (Cal.) Orders FCRA Claim Against Automobile Lender to Arbitration

by Scott J. Hyman |

In Camarillo v. Balboa Thrift & Loan Ass'n, No. 3:20-cv-00913-BEN-BLM, 2021 U.S. Dist. LEXIS 22351 (S.D. Cal. Feb. 4, 2021), Judge Benitez ordered an FCRA claim to arbitration. In the present case, Plaintiff never argues that the terms of the RISC were substantively or procedurally unconscionable. Reply at 13:11-12. To the extent she may try to advance such arguments now,… Read More

District Court (Cal.) Says Arbitration Clause in Automobile RISC Extends to FCRA Claims

by Scott J. Hyman |

In Camarillo v. Balboa Thrift & Loan Ass'n, No. 3:20-cv-00913-BEN-BLM, 2021 U.S. Dist. LEXIS 22351 (S.D. Cal. Feb. 4, 2021), Judge Benitez granted a petition to compel arbitration with respect to an FCRA claim arising out of an automobile RISC. In this case, neither party contends that (1) they lacked the capability to contract, (2) the RISC5 or Arbitration Provision… Read More

District Court (Wis.) Holds Credit-Card Company Properly Reported Post-Discharge Account

by Scott J. Hyman |

  In Ewert v. FD Holdings, LLC, No. 20-cv-354-wmc, 2021 U.S. Dist. LEXIS 9402 (W.D. Wis. Jan. 19, 2021), Judge Conley dismissed an FCRA claim premised on an account that passed through bankruptcy being improperly reported. Plaintiff Lance M. Ewert alleges that defendant FD Holdings, LLC, d/b/a "Factual Data," violated his rights under the Fair Credit Reporting Act, 15 U.S.C.… 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

9th Cir. Says FCRA Plaintiff’s Description of Dispute to CRAs Brackets Furnisher’s Reinvestigation Obligation

by Scott J. Hyman |

InHernandez v. Specialized Loan Servicing Llc, Nos. 19-55163, 19-56313, 2020 U.S. App. LEXIS 36064 (9th Cir. Nov. 17, 2020), an unpublished decision, the Court of Appeals for the Ninth Circuit found against an FCRA Plaintiff. As to the FCRA claims, plaintiffs failed to establish that SLS neglected its duty to conduct reasonable investigations of the dispute notices it received from… Read More

District Court (Utah) Dismisses Plaintiff’s FCRA Claim Based on Reporting Bankrupt Account

by Scott J. Hyman |

In Layton v. Experian Info. Sols., Inc., No. 4:20-cv-00029-DN-PK, 2020 U.S. Dist. LEXIS 205221, at *2-3 (D. Utah Nov. 2, 2020), Judge Nuffer found no inaccuracy in the way that Discover was reporting the Plaintiff's bankrupt account. Layton sent a letter, certified, return receipt, to Experian disputing and requesting the above inaccurate information be removed as follows: "Immediately correct this… Read More

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