By Chad Ewing In Auer v. Trans Union, LLC, 902 F.3d 873 (8th Cir. 2018), the Eighth Circuit took a detour into common law and reminded us that a plaintiff who has consented to an alleged FCRA violation does not have standing to maintain a claim for that […]
Consumers are filing more FCRA related complaints than they did last year. Last week, the Association of Credit and Collection, Oregon, issued a news release citing a WebRecon report which indicated that consumer complaints rose in August, 2018 for several categories, including the FCRA. According to the report, […]
Cavanaugh v. Equifax Info. Servs., 2018 U.S. Dist LEXIS 169911 (D. Me. Oct. 2, 2018) is a recent and good reminder of the difficulties plaintiffs face when attempting to remand FCRA cases based on additional state law claims. The plaintiff originally filed his complaint seeking damages under FCRA […]
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), […]
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 (E.D. Penn. Oct. 1, 2018), plaintiff filed FCRA claims against the […]
Last week, a federal court in Nevada dismissed FCRA claims for the plaintiff’s failure to file within the statute of limitations. Carrington v. Santander Consumer U.S.A., Inc., No. 2:17-cv-00038-KJD-NJK, 2018 WL 4682319 (D. Nev. Sept. 28, 2018). The opinion reminds plaintiffs of the importance of timely filing their […]
By Arthur Ebbs 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 furnisher fulfilled its obligations under the FCRA. […]
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 […]
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