Mark Windham

Troutman Pepper

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Latest Posts › Fair Credit Reporting Act (FCRA)

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FCRA Claim for “Misleading” Double-Reporting of Debt by Original Creditor and Collection Agency Survives Motion to Dismiss

In Hansen v. Mountain America Federal Credit Union, the plaintiff became delinquent on a credit card account with her credit union. The credit union then assigned the debt to a third-party collection agency. Following the...more

9/11/2023 / Collection Agencies , Consumer Reporting Agencies , Consumer Reports , Creditors , Debt Collection , Fair Credit Reporting Act (FCRA) , FDCPA , Financial Services Industry , Motion to Dismiss , Statutory Violations

Declaration by Credit Card Company Regarding Vendor’s Mailing of Card Agreement Insufficient to Enforce Arbitration Provision...

A recent decision by the U.S. District Court for the District of Columbia underscores the significance of issues of proof when trying to enforce arbitration agreements. The case is Proctor v. First Premier Corp., No....more

2/23/2021 / Arbitration , Arbitration Agreements , Credit Card Agreements , Credit Cards , Fair Credit Reporting Act (FCRA) , Motion to Compel

Eleventh Circuit Weighs in on FCRA “Legitimate Business Purpose,” Affirms Dismissal in Favor of Defendant Who Accessed Credit...

In 2011 and 2013, Peri Domante’s personal information was stolen and fraudulently used to open two accounts with Dish Networks, LLC (“Dish”), a provider of television services. After being alerted to the fraud, Domante sued...more

9/29/2020 / Consumer Privacy Rights , Consumer Reporting Agencies , Credit Reports , Data Privacy , Dish Network , Fair Credit Reporting Act (FCRA) , Legitimate Business Purpose , Personally Identifiable Information

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