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Furnisher Reinvestigation

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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 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 Bondi v. Nationstar Mortgage, LLC., 2018 WL 5291221 (C.A.9 (Nev.), 2018), the Court of Appeals for the Ninth Circuit in an unpublished decision found that no FCRA claim would lie for a direct dispute with the Furnisher and, even if one did, the Furnisher did not unreasonably investigate the dispute simply because it reached a conclusion adverse to the consumer.… Read More

In Heard v. Nationstar Mortgage, LLC, 2018 WL 4028116 (N.D. Ala. August 23, 2018), Judge Haikala found that a mortgage company’s dialer was an ATDS under the TCPA. Nationstar argues that its system is not an automatic dialer because it does not “store” caller information. That information, Nationstar argues, is located on a separate “host system.” (Doc. 51, p. 6). But… Read More

In Caseman v. Silver Schools Credit Union, 2018 WL 3620484, at *5 (D.Nev., 2018), Judge Boulware granted summary judgment to a furnisher who submitted corrections to a consumer's account information to a CRA, but where the CRA did not make the change because it did not comply with the CRA's internal formatting. The Court finds that Silver State acted reasonably and… Read More

In Abernathy v. Continental Service Group, Inc. d/b/a/ Conserve, et. al., 2018 WL 3370524, at *6–7 (D.Nev., 2018), Judge Gordon found that a furnisher properly re-investigated a consumer dispute, evaluating prior disputes in context as well as how much information the consumer gave in the dispute itself. Abernathy's first dispute letter to Experian stated the ConServe account was “not familiar.”… Read More

In Kozlowski v. Bank of America, 2018 WL 2096381 (E.D.Cal.), 4 (E.D.Cal., 2018), the District Court found that the Plaintiff failed to allege an FCRA claim against a furnished. Plaintiff fails, however, to adequately allege the second and third elements of a claim under § 1681s-2(b). Plaintiff does not allege in her complaint that a consumer reporting agency notified the furnisher—here, BANA—of… Read More

In Stewart v. Equifax Information Systems, LLC, et.al., 2018 WL 1138286, at *13–14 (D.Kan., 2018), Judge Crabtree denied summary judgment to an FCRA plaintiff and granted summary judgment to a furnisher arising out of the furnisher's providing information about a credit card account that the Plaintiff's ex-husband took out without her consent.  The Court offers an interesting discussion of how… 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 Nissou-Rabban v. Capital One Bank (USA), N.A., 2018 WL 538962, at *6 (S.D.Cal., 2018), Judge Houston found that an FCRA plaintiff whose credit card account has passed through bankruptcy sufficiently alleged an "inaccuracy" under the FCRA and that such claim could proceed as a class action.  After allowing the Plaintiff to amend the Complaint to allege a class action, the… Read More

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