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District Court (Ga.) Rejects “Scheduled Monthly Payment” Inaccuracy Claim under FCRA

by Scott J. Hyman |

In Marshall v. Robins Fin. Credit Union, No. 5:19-CV-260 (MTT), 2020 U.S. Dist. LEXIS 22274 (M.D. Ga. Feb. 10, 2020), Judge Treadwell found against an FCRA Plaintiff in a ‘scheduled monthly payment’ claim. Robins argues that it did not furnish an inaccurate tradeline because the monthly payment amount of $524.00 is an accurate "historical term" for an account that it… Read More

District Court (Tenn.) Says Scheduled Monthly Payment Issue Did Not Give Rise to FCRA Claim

by Scott J. Hyman |

In Cowley v. Equifax Info. Servs., No. 2:18-cv-02846-TLP-cgc, 2019 U.S. Dist. LEXIS 193522 (W.D. Tenn. Nov. 7, 2019, the District Court refused to allow a scheduled monthly payment issue case to proceed under the FCRA. The only evidence Plaintiff [*9]  brings to defeat UCFSC's motion for summary judgment is that the industry guideline, the CRRG, suggests that when a furnisher of… Read More

District Court (Tex.) Finds No Inaccuracy in Reporting Closed Automobile Account

by Scott J. Hyman |

In Rodriguez v. Trans Union Llc & Santander Cosumer United States, No. 1:19-CV-379-LY, 2019 U.S. Dist. LEXIS 186016 (W.D. Tex. Oct. 28, 2019), Magistrate Judge Yeakel found no inaccuracy in how a closed automobile account was being reported.  The Plaintiff claimed that her credit report erroneously stated that she owed a monthly payment of $345 on an account (the "Santander Account")… Read More

District Court (Cal.) Addresses Ch. 13 BK Reporting under the FCRA

by Scott J. Hyman |

In Galea v. Wells Fargo Bank, N.A., No. 2:19-cv-00386-JAM-AC, 2019 U.S. Dist. LEXIS 129028 (E.D. Cal. Aug. 1, 2019), Judge Mendez addressed the proper reporting of Chapter 13 bankrupt accounts. Galea filed for Chapter 13 bankruptcy in September 2012. FAC ¶ 39. Over the next five years, she made all the payments required under her bankruptcy plan. FAC ¶¶ 42-49.… Read More

6th Cir. Confirms that Inaccuracy of Reporting is a Threshold Requirement of a Re-investigation Claim Against a Furnisher

by Scott J. Hyman |

In Chandler v. Peoples Bank & Tr. Co., No. 18-5361, 2019 U.S. App. LEXIS 12100, at *13-14 (6th Cir. Apr. 24, 2019), an FCRA plaintiff complained that a creditor and it's assignee breached a bankruptcy re-affirmation agreement, resulting in inaccurate reporting.  Once the 6th Circuit found that there was no breach, the Court of Appeals found that no FCRA claim… Read More

District Court (Nev.) Holds that Which Should Be Self-Evident: An FCRA Claim Requires Proof of “Inaccuracy” to State a Claim

by Scott J. Hyman |

In Garcia v. Equifax Info. Servs. LLC, No. 2:17-cv-03123-JAD-VCF, 2019 U.S. Dist. LEXIS 58217, at *2-5 (D. Nev. Apr. 4, 2019), Judge Dorsey granted a motion to dismiss, rejecting an FCRA plaintiff's claim that no inaccuracy was required. Under FCRA, a credit reporting agency (CRA) must "conduct a reasonable reinvestigation" upon receiving a dispute notice from a consumer concerning the… Read More

District Court (Wis.) Says State Law’s Unique Receivership Program Similar to Bankruptcy Did Not Discharge Debt in a Way that Continued Reporting Constituted an “Inaccuracy” that Could Have Been Discovered on Re-investigation

by Scott J. Hyman |

In Garland v. Marine Credit Union, 2018 WL 5313769, at *3–4 (E.D.Wis., 2018), Judge Griesbach dismissed an FCRA claim on the basis that there was no inaccuracy. Plaintiff claims that Defendants violated the FCRA by failing to conduct a reasonable investigation of the disputed Marine and World debts and refusing to correct the inaccurate information contained in her credit report.… Read More

District Court (Colo.) Says CRA Owed No Obligation to Adjudicate Account Dispute Between Auto Finance Company and Consumer in Determining “Accuracy” of Reporting

by Scott J. Hyman |

In Thomas v. Hyundai Capital America, et. al., 2018 WL 4899074, at *3–4 (D.Colo., 2018), Magistrate Judge Mix dismissed an FCRA claim against a CRA. The Equifax Defendants argue that Plaintiff’s claim fails because he cannot establish element two, i.e. that the report in question was, in fact, inaccurate. Motion [#10] at 5. They assert that “it is undisputed that… Read More

11th Cir. Says that Bank’s Reporting Forebearance Payments as Past Due Did Not Violate the FCRA

by Scott J. Hyman |

In Felts v. Wells Fargo Bank, N.A., 2018 WL 3130674 (11th Cir. 2018), the Court of Appeals for the Eleventh Circuit found that a Bank’s reporting of a mortgage account in forbearance as ‘past due’ did not violate the FCRA.  The Court of Appeals imposed a causation requirement on an FCRA re-investigation claim, namely that the (un)reasonableness of a re-investigation… Read More

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