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Permissible Purpose

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In Sullivan v. Wells Fargo Bank, N.A., No. 19-0234-WS-M, 2019 U.S. Dist. LEXIS 196114 (S.D. Ala. Nov. 12, 2019), Judge Steele allowed a “permissible purpose’ FCRA case past the pleadings stage despite the commercial nature of the transaction. Entangled with the defendant's [*16]  argument that it did not pull a "consumer report" is the argument that "FCRA does not apply to… Read More

In Persinger v. Sw. Credit Sys., No. 1:19-cv-00853-RLY-MJD, 2019 U.S. Dist. LEXIS 188920, at *9 (S.D. Ind. Oct. 30, 2019), the Defendant was sued in a class action for accessing a consumer's credit report after the consumer's account had been discharged in bankruptcy; i.e. that the defendant had no permissible purpose in accessing the consumer report for account review purposes… Read More

In Nayab v. Capital One Bank USA, No. 17-55944, 2019 U.S. App. LEXIS 32575, at *24-32 (9th Cir. Oct. 31, 2019), the Court of Appeals for the Ninth Circuit found that an FCRA Plaintiff met the Spokeo and Iqbal/Twombly standards for pleading a "Permissible Purpose" action under the FCRA. Nayab has pleaded facts sufficient to give rise to a reasonable… Read More

In Marino v. PNC Bank, N.A., 2018 WL 5114136, at *1 (D.Nev., 2018), Judge Du dismissed an FCRA claim by a homeowner against a creditor based on the creditor's obtaining a consumer report post-bankruptcy.  The facts were as follows: Marino obtained a mortgage with PNC. Thereafter, in 2013, she filed for bankruptcy. The bankruptcy court “discharge[d] her in personam liability… Read More

In Smith v. One Nevada Credit Union, 2018 WL 4407251, at *1 (D.Nev., 2018), Judge Navarro certified an FCRA settlement class.  The facts were as follows: On July 18, 2017, Plaintiff filed his Amended Complaint (the “Complaint”) alleging violations of the FCRA, 15 U.S.C. § 1681 et seq. on behalf of a Putative Class comprising similarly situated persons, discussed infra.… Read More

In Randall v. Dish Network, LLC, 2018 WL 3235543, at *3 (E.D.N.Y., 2018), Judge Spatt dismissed an FCRA-permissible purpose case premised on identity theft. The Plaintiff has not successfully alleged that Dish negligently violated § 1681q by allowing an identity thief to open an account and perform a consumer credit check on the Plaintiff’s account. “A person cannot obtain information… Read More

In Gilchrist v. First National Bank of Omaha, 2018 WL 317267, at *2–3 (W.D.Wash., 2018), Judge Pechman dismissed a federal TCPA claim because it was compulsory to a debt collection action filed in the state court. There is no question in the Court's mind that there is a logical relationship between (1) the credit agreement between the Bank and Plaintiff, (2)… Read More

In Rodriquez v. Your First Choice, LLC d/b/a/ First Choice Payday Loan, 2017 WL 4855406, at *3 (D.Nev., 2017), Judge Gordon denied a creditor's motion for summary judgment based on a triable issue of fact as to whether the creditor had a permissible purpose to pull a consumer's credit report. Section 1681b(a) of FCRA states that in general, “any consumer… Read More

In Pigg v. Fair Collections & Outsourcing of New England, Inc., No. 1:16-cv-01902-JMS-DML, 2017 WL 3034266 (D. Ind. July 18, 2017), Judge Magnus-Stinson held that a rental agreement was not a consumer credit transaction under the FCRA so a debt collector had an impermissible purpose to access the debtor consumer report for collection purposes. Here, the Court emphasizes that Fair Collections' only… Read More

In Demay v. Wells Fargo Home Mortgage, Inc., 2017 WL 2954629, at *2–3 (N.D.Cal., 2017), Judge Gilliam dismissed an FCRA Plaintiff's class action based on accessing consumer reports after receiving a bankruptcy discharge. Plaintiffs allege that Wells Fargo lacked a permissible purpose for accessing their credit reports after their bankruptcy discharge. FAC ¶ 31. According to Plaintiffs, the discharge eliminated… Read More

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