On November 10, 2022, the CFPB published a circular addressing perceived problems with the Consumer Reporting Agencies (“CRAs”) and furnishers handling of disputes. See Circular 2022-07.
As is well-known, the FCRA...more
On January 5, 2022, the Consumer Finance Protection Bureau (“CFPB”) issued its annual report (“Annual Report”) of credit and consumer reporting complaints.
Historically, the CFPB issued its annual report on the Fair...more
The United States District Court for the Eastern District of North Carolina recently provided a good reminder of the applicable standards for both a Rule 12(b)(6) motions based on a statute of limitations defense and motion...more
On April 29, 2021, the FTC announced a $20 million settlement with Vivint Smart Home, Inc. (Vivint), a national seller of in-home security and monitoring systems, based on violations of the Fair Credit Reporting Act, the FTC...more
On February 1, 2021, the Southern District of New York denied Jason Wimberley’s motion to file a second amended complaint finding that despite the liberal standard applied to pro se pleadings, his proposed second amended...more
On December 22, 2020, the Consumer Financial Protection Bureau (“CFPB”) reached a $4,750,000 settlement with automobile lender Santander Consumer USA Inc. in connection with its alleged failure to accurately report its...more
On December 11, 2020, the Consumer Financial Protection Bureau (“CFPB”) and the Arkansas Attorney General reached a $600,000 settlement with Alder Holdings, LLC concerning alleged violations of the FCRA’s Risk-Based Pricing...more
In Domante v. Dish Networks, L.L.C. (“Dish”), the Eleventh Circuit examined permissible purposes for obtaining a credit report.
Plaintiff-Appellant Peri Domante was the apparent victim of identity theft. In 2011 and 2013,...more
In Hammer v. Equifax, the Fifth Circuit affirmed the district court’s dismissal of FCRA claims against Experian and Equifax in a September 9, 2020 published decision.
Accepting the allegations of the twice amended...more
The United States House of Representatives recently passed H.R. 5332, the Protecting Your Credit Score Act of 2020. The Act would amend FCRA is several respects. The overall purpose of the Act is to “ensure that consumer...more
In an unpublished decision in the case of Shaun J. Younger v. Experian Information Solutions, Inc., the Eleventh Circuit Court of Appeals vacated the jury’s finding that Experian willfully violated the FRCA by failing to...more
6/29/2020
/ Class Action ,
Clear and Convincing Evidence ,
Credit Reporting Agencies ,
Credit Reports ,
Dismissals ,
Experian ,
Fair Credit Reporting Act (FCRA) ,
Jury Verdicts ,
Motions in Limine ,
Post Trial Motions ,
Punitive Damages ,
Willful Violations
In Luna v. Hansen and Adkins Auto Transport, Inc., the Ninth Circuit heard a “more novel” theory regarding FCRA’s standalone disclosure requirement, but affirmed the trial court’s grant of summary judgment in favor of the...more
On February 27, 2020, in a 2-1 decision, the Ninth Circuit in Ramirez v. TransUnion, LLC held that every member of the class must have standing in order to recover damages at the final judgment stage. Judge McKeown filed a...more
5/5/2020
/ Article III ,
Class Members ,
Fair Credit Reporting Act (FCRA) ,
Jury Awards ,
Office of Foreign Assets Control (OFAC) ,
Petition for Writ of Certiorari ,
Punitive Damages ,
SDN List ,
Spokeo v Robins ,
Standing ,
Statutory Damages