Author Archives

Ginny Barnhart

More Good News for FCRA Defendants – US District Court for the Western District of Washington Requires Plaintiff To Arbitrate FCRA Claims Against Loan Servicer

In Howard v. Navient Solutions, LLC, 2018 U.S. Dist. LEXIS 180022 (W.D. Wa., Oct. 18, 2018), the US District Court for the Western District of Washington recently held that arbitration provisions in promissory notes (“Notes”) signed by the plaintiff were broad enough to encompass her FCRA claim against […]

Some Good News for Credit Grantors – The 6th Circuit Raises The Bar For Pleading “Permissible Purpose” Violations Under FCRA

At a time when some courts allow FCRA claims to withstand motions to dismiss based on largely conclusory assertions of the elements of a FCRA violation (particularly § 1681s-2(b) claims alleging a failure to “reasonably investigate”), the U.S. Court of Appeals for the 6th Circuit just issued an […]

THE 11TH CIRCUIT WEIGHS IN ON “INJURY IN FACT”: TAKING TIME TO PUT A CREDIT CARD RECEIPT IN YOUR WALLET AND LATER DISPOSE OF IT CREATES ARTICLE III STANDING

By Ginny Barnhart It doesn’t take much to have “standing to sue” under Article III for a technical violation of FCRA in the 11th Circuit.  Based on the 11th Circuit’s October 3, 2018 opinion in Muransky v. Godiva Chocolatier, Inc., 2018 U.S. App. LEXIS 27980 (11th Cir. 2018), […]