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District Court (Mass.) Finds Mass. State Law That Is Exempted from FCRA Pre-Emption Still Provides No Remedy

by Scott J. Hyman |

In Brown v. JPMorgan Chase & Co., Civil Action No. 22-11298-FDS, 2023 U.S. Dist. LEXIS 86171 (D. Mass. May 17, 2023), Judge Saylor dismissed a claim under Massachusetts state law. The Massachusetts Credit Reporting Act provides, in relevant part, that: [e]very person who furnishes information to a consumer reporting agency shall follow reasonable procedures to ensure that the information reported… Read More

District Court (Cal.) Says No Credit Reporting Claim for Consumer’s Mortgage Account that Passed Through Bankruptcy

by Scott J. Hyman |

In Oya v. Wells Fargo Bank, 2018 WL 5761486 (S.D.Cal. 2018), Judge Huff imposed a increased standard under the CCRAA than mere inaccuracy, and dismissed the Plaintiff’s credit reporting case. The facts were as follows. On June 15, 2018, Plaintiff Aki T. Oya filed for bankruptcy protection. (Id. ¶ 36.) Plaintiffs allege that Wells Fargo and Select had notice of… Read More

9th Cir. Says CCRAA Permits Private Cause of Action; Section 1785.25(g)’s “Reasonable Procedures” Defense Regulates Both Use of METRO-2 Codes to Transmit Information As Well As the Procedures Employed to Ensure that the Information It Transmitted Was Accurate on the Front End

by Scott J. Hyman |

In Noori v. Bank of America, 2018 WL 654168, at *1 (C.A.9 (Cal.), 2018), the Court of Appeals allowed a CCRAA claim to proceed against a bank. Bank of America relies on Pulver v. Avco Financial Services, 182 Cal. App. 3d 622 (1986), for the proposition that no private right of action exists with respect to furnishers' liability under the CCRAA. But… Read More

District Court (Cal.) Finds Non-Preempted Part of CCRAA Does Not Apply to Furnishers

by Scott J. Hyman |

In Samuel v. CitiMortgage, Inc., 2013 WL 1501491 (N.D.Cal. 2013), Judge James found no private right of action against furnishers under the CCRAA. Generally, the CCRA allows private plaintiffs to bring an action for damages suffered as a result of violations of the Act. Cal. Civ.Code § 1785.31. However, section 1785.31 only extends to private plaintiffs bringing CCRA claims against… Read More