EQUIFAX LOSES MOTION FOR SUMMARY JUDGMENT

Equifax was sued for violations of the Fair Credit Reporting Act (FCRA). Equifax moved to dismiss the plaintiff's claims on summary judgment and lost.

FCRA CASE LAW UPDATE – NO THIRD PARTY DISCLOSURE REQUIRED UNDER 1681e(b) IN 9TH CIRCUIT – Equifax’s Motion for Partial Judgment Denied

Equifax’s Motion for Partial Judgment on the Pleadings Denied In Brooks v. Equifax, the court denied Equifax’s Motion for Partial Judgment on the Pleadings.  In her complaint, plaintiff alleged she settled an account with Wells Fargo, but Equifax did not update her credit report to show that no balance was owed on the account.  About … Continue reading FCRA CASE LAW UPDATE – NO THIRD PARTY DISCLOSURE REQUIRED UNDER 1681e(b) IN 9TH CIRCUIT – Equifax’s Motion for Partial Judgment Denied

MAIS v. GULF COAST COLLECTION – 11TH CIRCUIT RULES ON PRIOR EXPRESS CONSENT

Mr. Mais sued Gulf Coast, a debt collection agency, and a healthcare provider under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. 227.  Mr. Mais claimed the defendants violated the TCPA when they made autodialed or prerecorded calls to him.  Gulf Coast argued the phone calls did not violate the TCPA because they … Continue reading MAIS v. GULF COAST COLLECTION – 11TH CIRCUIT RULES ON PRIOR EXPRESS CONSENT

COURT GRANTS SUMMARY JUDGMENT UNDER FCRA FOR QUICKEN

Kingery v. Quicken Loans (S.D. West Virginia, Charleston Division) Date of Opinion: June 04, 2014 Facts: Plaintiff sent a loan inquiry in April 2010 to MortgageLoans.com who identified Quicken Loans, among others, as a potential lender. Quicken uses a software for their inquiry process, Loan Origination and Lead Allocation “LOLA”, to track, deliver and find … Continue reading COURT GRANTS SUMMARY JUDGMENT UNDER FCRA FOR QUICKEN

11th CIRCUIT RULES ON TELEPHONE CONSUMER PROTECTION ACT (TCPA)

The 11th Circuit Court of Appeals recently entered its long awaited decision on the called party issue under the Telephone Consumer Protection Act (TCPA).  The 11th Circuit held the called party is the subscriber of the phone number called by the defendant. Facts:  Appellee claims Wells Fargo made multiple calls to her cell phone using … Continue reading 11th CIRCUIT RULES ON TELEPHONE CONSUMER PROTECTION ACT (TCPA)

Shaunfield v. Experian

SHAUNFIELD v. EXPERIAN INFORMATION SOLUTIONS, INC. (N.D. Texas, Dallas Division, Dec. 2013) John Shaunfield sued Experian, Radiology Associates of North Texas, American Honda Finance Corp., and Credit Systems International under the Fair Credit Reporting Act (FCRA) and various state law claims.  Shaunfield alleged Experian violated the FCRA when it provided companies with two different credit reports under his name. One of … Continue reading Shaunfield v. Experian

COURT HOLDS FAIR CREDIT REPORTING ACT (FCRA) PREEMPTS STATE STATUTORY & COMMON LAW CLAIMS

Grossman v. TRANS UNION, LLC - Dist. Court, ED Pennsylvania, 2014 In Grossman v. Trans Union, the court was faced with the issue of whether the consumer's state law claims against the furnisher were preempted by the Fair Credit Reporting Act ("FCRA").  In short, the court said yes, and dismissed the state law claims, including defamation, violation … Continue reading COURT HOLDS FAIR CREDIT REPORTING ACT (FCRA) PREEMPTS STATE STATUTORY & COMMON LAW CLAIMS

CONSUMER REPORTING AGENCY MUST GIVE CONSUMER REPORT

Have you been denied housing or employment because of a background report?  Federal law, the Fair Credit Reporting Act, prohibits consumer reporting agencies from prohibiting users (such as prospective landlords) from sharing the background report with the potential tenant if the background report was used in whole or in part to make the decision.  15 U.S.C. … Continue reading CONSUMER REPORTING AGENCY MUST GIVE CONSUMER REPORT

CompuCredit Corp. v. Greenwood – U.S. Supreme Court High Fee Credit Card Decision Lets Predatory Lenders Escape Justice

The National Consumer law center (NCLC) issued the following press release regarding the Supreme Court's decision in CompuCredit v. Greenwood. FOR IMMEDIATE RELEASE: January 10, 2012 U.S. Supreme Court High Fee Credit Card Decision Lets Predatory Lenders Escape Justice  CompuCredit Corp. v. Greenwood Decision Denies Basic Legal Right to Day in Court  (Washington, DC) The … Continue reading CompuCredit Corp. v. Greenwood – U.S. Supreme Court High Fee Credit Card Decision Lets Predatory Lenders Escape Justice