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Identity Theft

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District Court (Ill.) Orders Discovery and Trial (Under the FAA) on Arbitrability of Identity Theft Case

by Scott J. Hyman |

In Hoganberry v. Experian, et. al., No. 23 C 3690, 2023 WL 8113393, at *3–5 (N.D. Ill. Nov. 22, 2023), Judge Pallmeyer ordered a trial under the FAA of arbitrability of an identity theft matter based on the factual conflict between the moving party's authentication of the arbitration clause and the consumer's argument that he never signed/received it because the… Read More

District Court (Cal.) Rules that Furnisher’s Reinvestigation of Identity Theft Dispute Violated FCRA and CCRAA

by Scott J. Hyman |

In Miller v. Westlake Servs. LLC, No. 8:21-cv-00692-JLS-KES, 2022 U.S. Dist. LEXIS 197076, at *21-30 (C.D. Cal. Oct. 28, 2022), Judge Staton granted partial summary judgment to an FCRA Plaintiff who claimed that she was a victim of identity theft. First, the Court declines Plaintiff's invitation to rule that "solely engaging in data conformity" renders a furnisher's investigation per se… Read More

District Court (N.Y.) Says Just Because ID Thief Applied for Consumer Credit in the Name of the Plaintiff Does Not Mean that Potential Creditor Did Not Have an Impermissible Purpose to Obtain Consumer Report in Connection with the Application

by Scott J. Hyman |

In Randall v. Dish Network, LLC, 2018 WL 3235543, at *3 (E.D.N.Y., 2018), Judge Spatt dismissed an FCRA-permissible purpose case premised on identity theft. The Plaintiff has not successfully alleged that Dish negligently violated § 1681q by allowing an identity thief to open an account and perform a consumer credit check on the Plaintiff’s account. “A person cannot obtain information… Read More