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Injunctive Relief

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In Ramirez v. Trans Union, LLC, --- F.Supp.2d ----, 2012 WL 4954120 (N.D.Cal. 2012), Judge Corely allowed a CCRAA claim to proceed against a CRA simultaneously with a FCRA claim, and found that FCRA’s prohibition against injunctive relief did not apply to CCRAA claims.  The District Court found no impediment to simultaneously maintaining CCRAA and FCRA claims. The only California… Read More

In Gauci v. Citi Mortg., 2011 WL 3652589 (C.D. Cal. 2011), Judge Wright held that FCRA does not allow for injunctive relief:   TransUnion argues that Plaintiff's third claim should be dismissed because equitable relief is not a remedy available to private parties under the FCRA. (Mot. at 4–5.) The Court agrees with TransUnion. District courts in the Ninth Circuit… Read More

In Picon v. Bank of America, N.A., 2011 WL 2470118 (M.D.Fla. 2011), Judge Steele confirmed that injunctive relief is not a remedy afforded by FCRA.      In general “[a] bsent the clearest command to the contrary from Congress, federal courts retain their equitable power to issue injunctions in suits over which they have jurisdiction.” Califano v. Yamasaki, 442 U.S.… Read More

In Beaudry v. Telecheck Services, Inc. , -- F.3d __, 2009 WL 2633205 (6th Cir. 2009), the Court of Appeals held that a FCRA plaintiff need not plead or prove actual damages -- e.g. denial of credit -- to recover for a willful violation of FCRA.   The Court of Appeals described Plaintiff's claim as follows: In 2007, Cheryl Beaudry sued the defendants, a… Read More

In Yasin v. Equifax Information Services, Inc. 2008 WL 2782704 (N.D.Cal. 2008), Judge Chesney conducted an analysis of FCRA and held that "equitable relief is not available as a remedy" under FCRA, citing Howard v. Blue Ridge Bank 371 F.Supp.2d 1139, 1145 (N.D.Cal.2005).  Judge Chesney also used an analogy to the FDCPA, finding in dicta that the FDCPA does not either. Read More