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District Court (Cal.) Finds Parts of CCRAA Pre-empted by FCRA

by Scott J. Hyman |

In Lovejoy v. Bank of America, N.A., 2013 WL 3360898 (N.D.Cal. 2013), Judge Ryu found sections 1785.25(b)-(c) of the CCRAA to be pre-empted by FCRA, even though section 1785.25(a) was not.  Plaintiffs argue that these sections not preempted because they are “informal remedies that compliment Section 1785.25(a),” which bars furnishers from re-porting incomplete or inaccurate information. (Pls.' Opp'n 9–10.) The… Read More

Another District Court (Cal.) Finds No Error under FCRA for Reporting Bankrupt Account

by Scott J. Hyman |

In Giovanni v. Bank of America, Nat. Ass'n  2012 WL 6599681 (N.D.Cal. 2012), Judge Beeler found that a FCRA Plaintiff failed to plead an inaccuracy in its reporting of a consumer's account that went through bankruptcy.   The facts were as follows: Plaintiff, Katheryn Giovanni currently resides in Chatham County, Georgia, but lived in California during the relevant times in the complaint.… 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

Two District Courts (Cal.) Find FCRA Claims Adequately Pleaded Arising out of Post-Bankruptcy Credit Reporting

by Scott J. Hyman |

In Grantham v. Bank of America, N.A., 2012 WL 5904729 (N.D.Cal. 2012), Judge James held that a Plaintiff stated a claim against a Bank for post-bankruptcy discharge credit reporting. In February 2011, Grantham sent a dispute letter to Experian requesting an investigation of the 1051 Account, disputing the alleged delinquencies reported in her credit report while her bankruptcy petition was… Read More

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