News & Analysis as of

Summary Judgment Credit Reports

Troutman Pepper

Ninth Circuit Affirms Summary Judgment Finding that Furnisher Conducted a Reasonable Investigation into Dispute

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In an unpublished decision, the U.S. Court of Appeals for the Ninth Circuit recently affirmed the decision of a California district court finding that the furnisher conducted a reasonable investigation under the Fair Credit...more

Orrick, Herrington & Sutcliffe LLP

District Court severs NJFCRA requirement that agencies must provide credit disclosures in 10 languages

On March 27, the U.S. District Court for the District of New Jersey granted in part and denied in part both the Attorney General for the State of New Jersey’s (AG) motion for summary judgment and a plaintiff international...more

Troutman Pepper

Nevada Federal Court Declines to Decide at Summary Judgment Stage Whether Pre-Dispute Investigation Was Sufficient to Satisfy FCRA

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A federal district court judge in Nevada recently denied competing motions for summary judgment in a Fair Credit Reporting Act (FCRA) furnisher investigation case, demonstrating the challenges FCRA litigants often face in...more

Ballard Spahr LLP

Eleventh Circuit rules consumers can recover statutory damages for willful FCRA violations without proving actual damages

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Joining every other circuit to address the same issue, the U.S. Court of Appeals for the Eleventh Circuit recently ruled that a consumer does not have to prove actual damages to recover statutory damages for willful...more

Womble Bond Dickinson

Eleventh Circuit Reverses Summary Judgment in Favor of Experian in FCRA Claim

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The Eleventh Circuit Court of Appeals recently reversed summary judgment entered in favor of Experian Information Solutions, Inc. (“Experian”) in a Fair Credit Reporting Act claim brought by Henry Losch (“Losch”) finding not...more

Troutman Pepper

Context Matters: Court Grants Summary Judgment for Defendant and Emphasizes that Entire Tradeline Must be Analyzed in FCRA Claims

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In Ellis v. Warehouse Home Furnishings Distribs., Judge Catherine M. Salinas, of the United States District Court for the Northern District of Georgia, granted summary judgment for Warehouse Home Furnishings Distributors,...more

Troutman Pepper

10 Key FCRA Decisions and Why Companies Should Care About Them

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The case law surrounding the Fair Credit Reporting Act (FCRA) is ever-changing, and staying up to date on certain, key statutory definitions is a core compliance task for any company subject to the FCRA....more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 31, 2020

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Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

Womble Bond Dickinson

California District Court Certifies FCRA Class Action Against Experian after Servicer Went out of Business

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In a case originally filed in March 2016, and following the successful appeal of a grant of summary judgment in favor of Experian Information Solutions, Inc. (“Experian”), Judge Andrew Guilford of the United Stated District...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending September 13, 2019

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Real Property Update - Lost Note / Standing: differences in initial plaintiff's name in initial complaint and chain of assignments attached to amended complaint cast doubt on plaintiff's standing to enforce lost note and...more

Womble Bond Dickinson

Time Will Tell: FCRA Statute of Limitations Defense on a Motion to Dismiss

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FCRA’s statute of limitations can sometimes provide defendants with a cut-and-dry grounds for dismissal early in case, but not always. The Eastern District of Michigan recently denied a motion to dismiss based on the statute...more

Womble Bond Dickinson

Happy Halloween to FCRA Defendants in Wisconsin: Court Rules that the Courts, not CRAs, are Charged with Resolving Legal Disputes

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Although this time of year may be the favorite of ghouls and goblins, it was not so scary for the FCRA defendants in Garland v. Marine Credit Union, 2018 WL 5313769 (E.D. Wis. Oct. 26, 2018), who escaped liability to their...more

Womble Bond Dickinson

Consistency Is Key: FCRA Case Survives Summary Judgment Due To Inconsistencies In Report

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The Eastern District of Pennsylvania recently denied a motion for summary judgment in a FCRA case, paving the way for the dispute to proceed to trial. In Chiarello v. Trans Union, LLC, No. 2:17-cv-00513-AB, 2018 WL 4698846...more

Womble Bond Dickinson

Fifth Circuit Gets it Right, Affirms Summary Judgment

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In Hall v. LVNV Funding, L.L.C., 2018 WL 4664117 (5th Cir. Sept. 26, 2018), the Fifth Circuit affirmed summary judgment for a furnisher of credit information, finding there was no dispute of material fact as to whether the...more

Womble Bond Dickinson

Uncheck that Box

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Comcast has a policy in its Chicago region that permits a prospective customer to make a $50 deposit for internet service in lieu of a requirement to submit to a credit check. In Santangelo v. Comcast Corporation, 2018 WL...more

Seyfarth Shaw LLP

California Supreme Court Upholds Constitutionality of State Consumer Reporting Statute

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Seyfarth Synopsis: After several years of litigation, in Connor v. First Student, Inc. the California Supreme Court decided that the California Investigative Consumer Reporting Agencies Act (“ICRAA”) was not...more

BCLP

Dutta: The Ninth Circuit Strikes Another Blow to FCRA Plaintiffs

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On July 13, 2018, the United States Court of Appeals for the Ninth Circuit affirmed summary judgment against a plaintiff that lacked Article III standing to assert a claim under the Fair Credit Reporting Act, 15 U.S.C. §...more

Fenwick & West LLP

Procedural FCRA Violation Without Harm is Insufficient for Standing, 9th Circuit Rules

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The U.S. Court of Appeals for the Ninth Circuit held on July 13 that procedural violations of the Fair Credit Reporting Act without actual harm were insufficient to confer Article III standing. The court found in Dutta v....more

Proskauer - California Employment Law

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

Burr & Forman

Dodd-Frank News: November 2015: Dodd-Frank Wall Street Reform and Consumer Protection Act Update

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The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted as a measure to promote financial stability and protection for consumers through increased regulation of nearly every aspect of the consumer finance...more

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