Notice of Dispute from Consumer

InHernandez v. Specialized Loan Servicing Llc, Nos. 19-55163, 19-56313, 2020 U.S. App. LEXIS 36064 (9th Cir. Nov. 17, 2020), an unpublished decision, the Court of Appeals for the Ninth Circuit found against an FCRA Plaintiff. As to the FCRA claims, plaintiffs failed to establish that SLS neglected its duty to conduct reasonable investigations of the dispute notices it received from… Read More

In Bondi v. Nationstar Mortgage, LLC., 2018 WL 5291221 (C.A.9 (Nev.), 2018), the Court of Appeals for the Ninth Circuit in an unpublished decision found that no FCRA claim would lie for a direct dispute with the Furnisher and, even if one did, the Furnisher did not unreasonably investigate the dispute simply because it reached a conclusion adverse to the consumer.… Read More

In Hogue v. Allied Collection Service, Inc., 2018 WL 771321, at *4–5 (D.Nev., 2018), the District Court granted summary judgment to an auto finance company who was sued for the way that it reported, and then reinvestigated, an automobile account after a debtor filed Chapter 13. Silver State argues that it is undisputed that plaintiff's auto account was delinquent on… Read More

In Turner v. Experian Information Solutions, Inc., 2017 WL 2832738, at *6 (N.D.Ohio, 2017), Judge Zouhary found no recoverable FCRA damages. Turner concedes her damages are limited to emotional distress (Doc. 21 at ¶ 62). . . Turner testified that a mortgage broker advised her in early 2015—several months before the July 2015 dispute letter that forms the basis for this lawsuit—that… Read More

In McDonald v. OneWest Bank, FSB, 2013 WL 858197 (W.D.Wash. 2013), Judge Lasnik found a triable issue of fact as to a furnisher’s reinvestigation under FCRA, finding that the furnisher can not rely solely on the information provided to it by the CRA when the furnisher has other information available to it to investigate. Plaintiff bears the burden of showing… Read More

In Saccato v. Discover Financial Services, Inc., 2012 WL 5951490 (9th Cir. 2012), the Court of Appeals for the Ninth Circuit held in an unpublished decision that the district court properly dismissed a FCRA claim under 15 U.S.C. § 1681s–2(b) because the Plaintiff failed to plead that the CRA notified the furnisher of the dispute. The district court properly concluded… Read More

In Young v. LVNV Funding, LLC, 2012 WL 5508407 (E.D.Mo. 2012), Judge Fleissig held that a consumer need not plead that a CRA informed the furnisher of the dispute in order to state a FCRA claim. Courts differ on whether a plaintiff must plead with certainty that notice was given by the CRA to the furnisher and the Eighth Circuit… Read More

In Drew v. Equifax, 2009 WL 595459 (N.D.Cal. 2009), Judge Illston held that a furnisher was on notice of a consumer dispute when the CRA merely sent a letter to the furnisher notifying the furnisher that it had deleted the customer’s trade-line because the account was fraudulent.   Judge Illston explained:   Chase contends that it is entitled to summary judgment… Read More

In Gorman v. Wolpoff & Abramson, LLP, __ F.3d __ 2009 WL 57091 (9th Cir. 2009) the Court of Appeals for the Ninth Circuit held, among other things, that FCRA does not pre-empt Civil Code 1785.25 of the CCRAA.  This holding overrules multiple district court opinions to the contrary, and is opposite to the California Court of Appeal's decision on December… Read More