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Willfulness

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In Shaw v. Experian Information Systems, 2018 DJDAR 4948, 2018 WL 2424105 (9th Cir. May 29, 2018), the Court of Appeals for the Ninth Circuit held that Experian’s reporting of Plaintiffs’ short sales during the real estate market crash between 2008 to 2012 to subscribers of credit information did not violate 15 U.S.C.§ 1681e or § 1681i of the FCRA… Read More

In Gadomski v. Equifax Information Services, Inc., 2018 WL 2096862, at *4–6 (E.D.Cal., 2018), the District Court found that no willful violation of the CRA could lie absent prior notice that the information was inaccurate or that the information came from an unreliable source.  Here, Defendant does not dispute that the information reported on Plaintiff’s credit report was inaccurate. (See ECF… Read More

In Daugherty v. Ocwen Loan Servicing, 2017 WL 3172422, (4th Cir. July 24, 2017), the Court of Appeals for the Fourth Circuit affirmed the jury's finding of improper reinvestigation and willfulness against a furnisher, but found the punitive damages award to be constitutionally excessive. We must affirm the district court's judgment regarding Ocwen's liability for willful misconduct if there was sufficient… Read More