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Frivolous Dispute

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District Court (Minn.) Says Charged-Off Debt Remains Owing, and It’s Not Inaccurate to Report It

by Scott J. Hyman |

In Towle v. TD Bank USA, N.A., No. 22-CV-0624 (PJS/TNL), 2022 U.S. Dist. LEXIS 146898, at *1-3 (D. Minn. Aug. 17, 2022), Judge Schiltz dismissed a credit reporting claim premised on the grounds that reporting charged off debt is inaccurate because, allegedly, it's not owing anymore.  Judge Schiltz found the allegation to be frivolous. Towle filed his original complaint on… Read More

District Court (N.M.) Says Furnisher Owes No Duty to Report Account as “Disputed” When Dispute is Meritless

by Scott J. Hyman |

In Fredrickson v. Cannon Federal Credit Union, 2017 WL 6558578, at *4 (D.N.M., 2017), Judge Brack granted summary judgment to a furnisher who allegedly failed to report a consumer's dispute as "disputed" because, Judge Brack said, the dispute was meritless. Furnishers can breach their § 1681s–2(b) duties if they fail to report the existence of a dispute because such an omission… Read More

District Court (Cal.) Addresses Adequacy of FCRA Pleading Requirements; Frivilous FCRA Claims; Finds FCRA Pre-empts Libel Claims

by Scott J. Hyman |

In Vartanian v. Portfolio Recovery Associates, LLC, 2013 WL 877863 (C.D.Cal. 2013), Judge Otis Wright III addressed a litany of FCRA and FDCPA claims brought by the Kaas Law Group.  Judge Wright held that a FCRA Plaintiff need not plead that its dispute to the CRA was not frivilous; i.e. non-frivilousness is not an element of a FCRA claim. Contrary… Read More

District Court (Cal.) Finds No FCRA or CCRAA Violation in Reporting Bankruptcy Discharged Debt

by Scott J. Hyman |

In Mortimer v. Bank of America, N.A.  2012 WL 6218004 (N.D.Cal. 2012), Judge Spero addressed the interplay between bankrupt debt and credit reporting, finding that Plaintiff stated no FCRA or CCRAA claim.  The facts were as follows: Plaintiff Mark Mortimer (“Plaintiff”) brings this action against Defendant Bank of America, N.A., (“Defendant”) FN1 seeking redress for Defendant's alleged inaccurate reporting of his… Read More