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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), […]

Let it Burn: Court Does Not Believe Defendant Intentionally Destroyed Records to Avoid Identification of Potential Plaintiffs in FCRA Class Action

  Here’s one that will light your fire. Martinez v. Triple S Props., No. 6:17-03195-CV-RK, 2018 U.S. Dist. LEXIS 166357 (W.D. Mo. Sep. 27, 2018) is a proposed class action against Triple S Properties (“Defendant), an owner of residential rental properties. The Plaintiffs alleged in a motion for […]

Sharp Distinction: Section 1681i Claim Dismissed Because There is a “Sharp Distinction” Between a Credit File and Credit Report

Plaintiffs’ Other FCRA Claims Survive By “Skin of their Teeth.” In Clements v. Trans Union, LLC, 2018 U.S. Dist. LEXIS 160931 (Aug. 29, 2018)[1] (“Clements”), a purported class action pending in the United States District Court for the Southern District of Texas, the Plaintiffs sued Trans Union LLC (“Trans […]