In Galea v. Wells Fargo Bank, N.A., No. 2:19-cv-00386-JAM-AC, 2019 U.S. Dist. LEXIS 129028 (E.D. Cal. Aug. 1, 2019), Judge Mendez addressed the proper reporting of Chapter 13 bankrupt accounts. Galea filed for Chapter 13 bankruptcy in September 2012. FAC ¶ 39. Over the next five years, she made all the payments required under her bankruptcy plan. FAC ¶¶ 42-49.… Read More
In Marna Paintsil Anning v. Capital One Auto Fin., No. 19-cv-01686-KAW, 2019 U.S. Dist. LEXIS 128039, at *8-9 (N.D. Cal. July 31, 2019) , Judge Westmore said that an FCRA Plaintiff can get past the pleadings on an FCRA Re-investigation claim where the Plaintiff can allege specific inaccuracies with reporting, no response from regarding the dispute, and that the credit… Read More
In Donald Cable v. Midland Funding, No. 3:19-CV-00015-GFVT, 2019 U.S. Dist. LEXIS 115597 (E.D. Ky. July 11, 2019), Judge Van Tatenhove dismissed an FCRA claim. The Complaint acknowledges that CCU was notified of Mr. Cable's dispute and CCU subsequently verified the debt with the credit reporting agencies, [R. 1 at ¶¶ 30-31], but leaves the Court left to guess as… Read More
In Sanchez v. U.S. Bank Nat'l Ass'n, No. 8:18-cv-00500-JLS-KS, 2019 U.S. Dist. LEXIS 108692 (C.D. Cal. June 27, 2019), Judge Staton denied an FCRA/CCRAA Plaintiff’s MSJ that proceeded on the claim that the Plaintiff’s father allegedly falsely took out credit on Plaintiff’s behalf. The facts were as follows: On August 22, 2015, an individual whom Plaintiff claims is his father,… Read More
In Zemelka v. Trans, No. CV-18-04179-PHX-SMB, 2019 U.S. Dist. LEXIS 91207 (D. Ariz. May 31, 2019), Judge Brnovich dismissed an FCRA claim against a CRA arising from bankruptcy reporting due to the absence of an inaccuracy. Plaintiff has two claims against Defendant Trans Union. The first is a clam under 15 U.S.C. §1681e(b) and the second under 15 U.S.C. §1681i.… Read More
In Kidd v. Thomson Reuters Corp., No. 17-3550, 2019 U.S. App. LEXIS 16091 (2d Cir. May 30, 2019), the Court of Appeals for the Second Circuit held that CLEAR was not subject to the FCRA because it required users to certify that the information provided would not be used for the purposes regulated by FCRA. At each gateway to the… Read More
In Hernandez v. Certified Fed. Credit Union, No. CV 18-10448-CJC (JEMx), 2019 U.S. Dist. LEXIS 79020, at *6-9 (C.D. Cal. May 9, 2019), Judge Carney allowed an FCRA claim to proceed despite a challenge to Plaintiff's Article III standing. Plaintiffs have alleged a sufficiently "concrete and [*7] particularized" injury. Under the FCRA and CCCRAA, a credit report or credit information is… Read More
In Huff v. Telecheckservices,inc, No. 18-5438, 2019 U.S. App. LEXIS 13367 (6th Cir. May 3, 2019), the Court of Appeal for the Sixth Circuit found that an FCRA plaintiff had no no Art. III standing. This case deals with a fading technology (checks) and an evergreen imperative (Article III standing). When a customer buys something with a check, merchants often… Read More
In Hall v. Southwest Credit Sys., L.P., 2019 U.S. Dist. LEXIS 73350, *5-11 (D.C. Dist. May 1, 2019), Judge Howell found that a debt collector's failure to report to the consumer reporting agencies that the account was "disputed" could violate multiple provisions of the FDCPA. This case concerns one allegation: The defendant reported a debt to credit bureaus that the… Read More
In Chandler v. Peoples Bank & Tr. Co., No. 18-5361, 2019 U.S. App. LEXIS 12100, at *13-14 (6th Cir. Apr. 24, 2019), an FCRA plaintiff complained that a creditor and it's assignee breached a bankruptcy re-affirmation agreement, resulting in inaccurate reporting. Once the 6th Circuit found that there was no breach, the Court of Appeals found that no FCRA claim… Read More
