In Collins v. Experian Information Solutions, Inc., --- F.3d ----, 2015 WL 55345 (11th Cir. 2015), the Court of Appeals for the 11th Circuit held that a FCRA Plaintiff need not show an actual declination of credit in order to support an emotional distress claim under FCRA. Curtis J. Collins appeals the district court's grant of summary judgment in favor of… Read More
In Fregoso v. Wells Fargo Dealer Services, Inc., 2012 WL 4903291 (C.D.Cal. 2012), Judge Otero allowed a FCRA identity theft case to go to the jury against a third party debt collector. As to the identity theft claim under FCRA, Judge Otero found that no FTC Affidavit of Theft was required: PCC argues that if Plaintiff is a victim of… Read More
In Drew v. Equifax Information Services, LLC --- F.3d ----, 2012 WL 3186110 (9th Cir. 2012), the Court of Appeals for the Ninth Circuit held that a furnisher could have violated its statutory duty under FCRA to block all reporting following its investigation of the consumer's identity theft claim. A consumer had reported to a credit bureau that his identity had… Read More
In Wisdom v. Wells Fargo Bank NA, 2012 WL 170900 (D.Ariz. 2012), Judge Snow held that FCRA does not authorize recover for commercial losses. The FCRA defines a “consumer” as “an individual,” 15 U.S.C. § 1681a(c), and provides for the recovery of “any actual damages sustained by the consumer.” 15 U.S.C. § 1681 o(a)(1). It does not provide for… Read More
In Corby v. American Exp. Co., 2011 WL 4625719 (C.D.Cal. 2011), Judge Wright found that, under Nelson, a consumer can only recover under FCRA for a section 1681s-2(b) claim – meaning, the consumer must first dispute the claim with the credit reporting agency. Judge Wright as a corollary therefore held that a consumer can not recover for wrongful or inaccurate… Read More
In Hariton v. Chase Auto Finance Corp., 2d, 2010 WL 3075609 (C.D.Cal. 2010), Judge Matz granted summary judgment for an automobile finance company who was sued under FCRA and for negligence in their reporting of their customer’s account. Whether damages are or are not an element of a FCRA claim depends on whether the noncompliance was willful or negligent.… Read More
In Beaudry v. Telecheck Services, Inc. , -- F.3d __, 2009 WL 2633205 (6th Cir. 2009), the Court of Appeals held that a FCRA plaintiff need not plead or prove actual damages -- e.g. denial of credit -- to recover for a willful violation of FCRA. The Court of Appeals described Plaintiff's claim as follows: In 2007, Cheryl Beaudry sued the defendants, a… Read More
In Robinson v. Equifax Information Services, Inc. __ F.3d __ (4th Cir. 2009), the Court of Appeals for the Eight Circuit affirmed in part a jury verdict against a credit reporting agency for $200,000 in actual damages under FCRA. The facts arose out of an identity theft situation: In April 2000, Robinson discovered that a woman named Nicole Antoinette… Read More
In Irvine v. 233 SKYDECK, LLC, --- F.Supp.2d ----, 2009 WL 347395 (N.D.Ill. 2009) Judge Leinenweber rejected a constitutional challenge to FACTA’s punitive damages provision, a challenge approved of in Grimes v. Rave Motion Pictures Birmingham, L.L .C., 552 F.Supp.2d 1302 (N.D.Ala., 2008). In Irvine, the district court held: Defendant's vagueness challenge relies on the Northern District of Alabama decision Grimes… Read More
In Grimes v. Rave Motion Pictures No. 07-AR-1397-S (N.D.Ala. 2008), Judge William Acker found FACTA's penalty provision of "damages of not less than $100 and not more than $1,000" for each violation unconstitutionally vague in the context of a FACTA claim arising out of businesses' failure to truncate credit card numbers on electronically printed receipts. The Court noted that imposing… Read More
