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FCRA Damages

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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

In Denton v. JPMorgan Chase & Co., No. 4:19cv114, 2020 U.S. Dist. LEXIS 185745 (E.D. Va. Oct. 6, 2020), Judge Davis allowed an FCRA to proceed due to Plaintiff’s allegation of emotional distress. Plaintiff's fourth count alleges that Chase violated 15 U.S.C. § 1681s-2(b) either willfully/recklessly or negligently by failing "to properly investigate Plaintiff's dispute" and failing "to correct the… 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 Jackling v. HSBC Bank USA, N.A., No. 15-CV-6148-FPG, 2019 U.S. Dist. LEXIS 146675, at *6-7 (W.D.N.Y. Aug. 28, 2019), Judge Geraci granted a furnisher's motion in limine to limit damages. In its First Motion in Limine, HSBC argues that Jackling should be precluded from introducing evidence on damages related to the Dorschel Toyota credit denial because Dorschel denied him… Read More

It’s in quotations by design.  In Shepard v. Equifax Info. Servs., LLC, No. 2:17-cv-01118-KJM-CKD, 2019 U.S. Dist. LEXIS 60814 (E.D. Cal. Apr. 9, 2019), Judge Mueller held that a consumer’s declaration that he was told his credit was and/or would be denied was sufficient to survive summary judgment. The FCRA permits a plaintiff to recover actual damages for a CRA's… Read More

In Gadomski v. Equifax Information Services, Inc., 2018 WL 2096862, at *4–6 (E.D.Cal., 2018), the District Court found that no willful violation of the CRA could lie absent prior notice that the information was inaccurate or that the information came from an unreliable source.  Here, Defendant does not dispute that the information reported on Plaintiff’s credit report was inaccurate. (See ECF… Read More

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

In Contreras v. Kohl's Department Stores, Inc., 2017 WL 6372646, at *3 (C.D.Cal., 2017), Judge Kato denied production of settlement agreements amongst FCRA co-defendants. Defendant argues the settlement agreements are necessary to determine (a) “whether Plaintiff has been fully compensated for his alleged injuries,” and (b) “the reasonableness of an attorney fee award should Plaintiff prevail on his claims.” JS at… Read More

In Daugherty v. Ocwen Loan Servicing, 2017 WL 3172422, (4th Cir. July 24, 2017), the Court of Appeals for the Fourth Circuit affirmed the jury's finding of improper reinvestigation and willfulness against a furnisher, but found the punitive damages award to be constitutionally excessive. We must affirm the district court's judgment regarding Ocwen's liability for willful misconduct if there was sufficient… Read More

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