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 […]

Whose Claim is it Anyway?

by Chad Ewing Who is the real holder of a FCRA claim brought by a Chapter 7 debtor?  That’s the question that confronted the Eastern District of Wisconsin recently in Kitchner v. Fiergola, 2018 WL 4473359 (E.D. Wis. Sept. 18, 2018). Under the facts of Kitchner, Plaintiff, Megan […]

Mark Your Calendars: New FCRA Summary of Rights Notice Requirements Go into Effect Tomorrow, September 21, 2018

  Things are changing in FCRAland. The Economic Growth, Regulatory Relief, and Consumer Protection Act (“Act”) (full text here) has added a new section the Fair Credit Reporting Act (“FCRA”), section 605A(i), which goes into effect tomorrow, September 21, 2018. Among other things, section 605A(i) requires nationwide consumer reporting […]