Inaccuracy

In Snyder v. Nationstar Mortgage, LLC, 2015 WL 7075622, at *7-8 (N.D.Cal., 2015), Magistrate Judge Corley allowed a FCRA/Rosenthal Act claim past the pleadings stage.  As to the FCRA claim, the Court found that the question of FCRA accuracy is determined past the pleadings stage. To state a claim under the FCRA against...a furnisher of credit information, the [p]laintiff must allege that… Read More

In Wright v. Experian Information Solutions, Inc., 2015 WL 6941273, at *4-6 (C.A.10 (Colo.),2015), the Court of Appeals for the Tenth Circuit said that the CRAs employed proper procedures to determine the accuracy of public liens. As noted above, the CRAs relied on LexisNexis to collect information from the Recorder's office. LexisNexis employs a collector to retrieve information from the Recorder's… Read More

In Littleton v. Experian Information Solutions, Inc., 2015 WL 4638308, at *2 (N.D.Cal., 2015), Judge Davila dismissed a FCRA claim, with leave to amend, because the Plaintiff failed to allege the inaccuracy. SunTrust argues the FCRA claim is insufficient because Plaintiff failed to describe what information SunTrust allegedly communicated to the consumer reporting agencies, as well as why this information… Read More

In Gustafson v. Experian Info. Solutions Inc., No. 2:14-CV-01453-ODW EX, 2015 WL 3477071, at *6 (C.D. Cal. June 2, 2015), Judge Wright granted summary judgment to a debt collector on a Plaintiff's FCRA claim, alleging that the debt was "double-reported". “[S]ummary judgment is not precluded altogether on questions of reasonableness,” but “[i]t is only appropriate ‘when only one conclusion about the… Read More

I know it's a real property case, but the argument is something that we've seen a bit of in California on the personal property side.  In Groff v. Wells Fargo Home Mortg., Inc., 2015 WL 2169811 (E.D. Mich. 2015), Judge Lawson found that the defendant did not violate the Fair Credit Reporting Act when it reported that the plaintiff’s bankruptcy-discharged… Read More

In Horsch v. Wells Fargo Home Mortg., 2015 WL 1344836 (E.D.Pa. 2015), Judge Yohn found that furnishers had properly reported accounts post-bankruptcy where the debtors had made post-bankruptcy payments.  Judge Yohn explained the standards for a furnishers’ re-investigation even where it was conceded that the furnishers’ re-investigation was reasonable. The court cautioned that this issue “is normally a question for… Read More

In Kielty v. Midland Credit Management, Inc., 2015 WL 400584 (S.D.Cal. 2015), Judge Bashant held that a debt collector stating that payment could help repair the debtor’s credit did not trigger the Credit Repair Organizations Act. Unlike FreeScore, Midland does not offer any service for the purpose of providing assistance or advice to improve consumers' credit record in return for… Read More

In Davidson v. Capital One, N.A., 2014 WL 6682532 (S.D.Fla. 2014), Judge Altonago found that a FCRA Plaintiff must prove inaccuracy in the credit reporting, even if a furnisher did not conduct an adequate re-investigation. Capital One argues an FCRA plaintiff must establish the underlying information reported to the CRA is incorrect. (See Capital One Mot. 10). The Davidson Response… Read More

In Potter v. Chex Systems, Inc., 2014 WL 4666960 (S.D.Cal. 2014), Judge Burns dismissed a Plaintiff's FCRA claim, where the Plaintiff argued that since he'd paid off the charges on the Account, the CRA should not have reported that his bank account was closed for Account Abuse. Potter admits he overdrew his account, and allowed it to remain overdrawn, and that after… Read More

In Hillis v. Trans Union, LLC, 2014 WL 2581094 (E.D.Pa. 2014), Judge Davis denied a furnisher's summary judgment in a FCRA claim brought by a divorced husband who claimed that his ex wife was obligated to pay the auto loan under their divorce decree. On April 10, 2007, the Hillises were divorced. ( See Decree of Divorce 6, Def.'s Mot. Summ.… Read More

In Seamans v. Temple University, --- F.3d ----, 2014 WL 658401 (3d Cir. 2014), the Court of Appeals for the Third Circuit addressed, in matters of first impression, the interplay between the Higher Education Act and the Fair Credit Reporting Act with respect to the responsibilities of an institution of higher education that furnishes information on student loan indebtedness to… Read More

In Landini v. FIA Card Services, National Association, 2014 WL 587520 (N.D.Cal. 2014), Magistrate Judge Lloyd granted summary judgment on two matters filed by the Sagaria law group alleging that a debt collector’s affirmation of pre-bankruptcy historical reporting after bankruptcy was filed did not result in FCRA liability.  The facts were as follows: Landini opened a credit card account with… Read More

In Hill v. Equifax Information Services, LLC, 2013 WL 6241043 (M.D.N.C. 2013), Judge Eagles found that FCRA provides no cause of action against a furnisher for failing to report a debtor’s positive trade-line to a consumer reporting agency.  The facts were as follows: Mr. Hill has alleged several causes of action against Dell, all of which stem from the absence… Read More

In Callahan v. Equifax Information Services LLC, 2013 WL 5503949 (N.D.Cal. 2013), Judge Alsup found that Plaintiff could state a FCRA claim in an SSN-swap situation.  The proposed pleading alleged that Plaintiff’s credit reports indicated that a SunTrust mortgage account was associated with her. Plaintiff disputed the mortgage account and the CRAs notified SunTrust. Although plaintiff's SSN did not match… Read More

In Hillis v. Trans Union, LLC, --- F.Supp.2d ----, 2013 WL 5272922 (E.D.Pa. 2013), Judge Davis allowed a FCRA claim to get past the pleading stage.  The dispute arose out of an automobile loan that Plaintiff and his ex-wife entered into during their marriage.In 2007, Plaintiff's marriage ended in divorce, and the Texas court's divorce decree awarded the underlying vehicle… Read More

The FTC's Weblog post is http://www.business.ftc.gov/blog/2013/06/fcras-furnisher-rule-its-all-about-accuracy-and-integrity   The FTC's  publication, "Consumer Reports: What Information Furnishers Need to Know" is at http://business.ftc.gov/documents/consumer-reports-what-information-furnishers-need-know Read More

In Kayan v. Asset Acceptance, LLC, 2013 WL 1010554 (C.D.Cal. 2013), Judge Bernal found no failure to validate under the FDCPA when the Plaintiff failed to dispute the claim within the statutory 30-days. The uncontroverted evidence is that Palisades sent Plaintiff an initial demand letter on April 8, 2010. (Braun Decl., ¶ 5). Palisades did not receive any response to… Read More

In Iyigun v. Cavalry Portfolio Services, LLC, 2013 WL 950947 (C.D.Cal. 2013), Judge Fitzgerald found that Plaintiff stated no FCRA claim because her claim that she did not owe the money did not demonstrate an inaccuracy in her report. First, Iyigun's claims for violations of the Fair Credit Reporting Act (“FCRA”) and the California Consumer Credit Reporting Agencies Act (“CCRAA”)… Read More

In Modica v. American Suzuki Financial Services Co., 2013 WL 656495 (D.Ariz. 2013), Judge Campbell appeared to hold that a consumer need not prove inaccuracy in order to state a FCRA re-investigation claim, as the accuracy question goes only to the question of damages. On December 8, 2005, Plaintiff and her daughter Jacklyn Modica executed an agreement for a lease… Read More

In Iyigun v. Cavalry Portfolio Services, LLC, 2013 WL 93114 (C.D.Cal. 2013), Judge Fitzgerald found no FCRA/CCRAA claim properly pleaded for wont of an inaccuracy. Iyigun's claims for violations of the Fair Credit Reporting Act (“FCRA”) and the California Consumer Credit Reporting Agencies Act (“CCRAA”) fail because the FAC does not sufficiently plead the element of inaccurate credit reporting. The… Read More