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Furnisher Reinvestigation

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In Leones v. Rushmore Loan Management Services, LLC, 2017 WL 6343622, at *3 (S.D.Fla., 2017), Judge Dimitrouleas dismissed an FCRA class action because the information reported was not inaccurate in the first instance. Here, the reported information regarding Plaintiff's mortgage loan account—that it was 120 days or more delinquent and that foreclosure proceedings were initiated—was both accurate and complete. The Court… 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

In Vandonzel v. JP Morgan Chase Bank, et. al., No. 17-CV-01819-LHK, 2017 WL 3267571 (N.D. Cal., July 31, 2017), Judge Koh denied a furnisher's FRCP 12b6 Motion in an FCRA case. However, Gorman does not support Chase’s argument that an investigation of disputed information is narrowly limited to the exact wording of the dispute letter. In Gorman, the Ninth Circuit… Read More

In Ritchie v. Lease Finance Group, LLC, et. al., 2017 WL 2963462, at *2 (C.A.2 (N.Y.), 2017), the Court of Appeals for the Second Circuit said that it was the substance of the reinvestigation, not the time spent on it, that matters under the FCRA. Ritchie argues that when Experian notified defendants that Ritchie's signature was disputed, FCRA required them… Read More

In Boyd v. Wells Fargo Bank, N.A., 2016 WL 7323293, at *6–9 (S.D.Ga., 2016), Judge Wood found that a Furnisher's reinvestigation of a FCRA dispute was reasonable and that the Plaintiff had suffered no damages.    Boyd is a nuclear submarine missile technician, who executed a power of attorney authorizing his then-wife, Siana Boyd, “to borrow money and to execute in… Read More

In Aubert v. Russell Collection Agency, Inc. 2016 WL 5430184, at *2–3 (E.D.Mich., 2016), Magistrate Judge Patti held that a furnisher's "reinvestigation" requires a different kind of investigation (i.e. less) "validation" under the FDCPA. Whether verification is a requisite function in conducting a reasonable investigation?  Answering this question in the affirmative, Plaintiff cites a Senate Report, which provides:  "Currently, the… Read More

In Blakeney v. Experian Information Solutions, Inc., 2016 WL 4270244, at *4–6 (N.D.Cal., 2016), Judge Koh dismissed a FCRA claim grounded in debt collectors' reporting of an account passing through Chapter 13 bankruptcy. As to Plaintiff's first theory of liability, the FCRA requires a furnisher to “conduct an investigation with respect to the disputed information” after the furnisher receives notice… Read More

In Maiteki v. Marten Transport Ltd., 2016 WL 3747396, at *1 (10th Cir.  2016), the Court of Appeals for the 10th Circuit affirmed judgment in favor of a furnisher against a FCRA plaintiff's claim that the furnisher inadequately re-investigated a credit dispute.  The facts did not necessarily arise out of a consumer transaction.   Marten is a transportation company that employed… Read More

In Hinkle v. Midland Credit Management, Inc., 2016 WL 3672112, at *4-8 (C.A.11 (Ga.), 2016), the Court of Appeals for the 11th Circuit reversed summary judgment for a debt buyer on the plaintiff's reinvestigation under FCRA, finding that more investigation was required than checking the dispute against its electronic records. When the CRAs informed Midland that Hinkle disputed the GE/Meijer… Read More

In Blakeney v. Experian Information Solutions, 2016 WL 1535085, at *1-2 (N.D.Cal., 2016), Judge Koh grants a Motion to Dismiss filed by a FCRA furnisher who was alleged to have failed to properly re-investigate a dispute regarding an account that passed through Chapter 13. On November 7, 2014, Plaintiff filed for Chapter 13 bankruptcy. ECF No. 1 (“Compl.”) ¶ 5. “Chapter… Read More

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