FCRA includes a provision for recovery of attorneys fees, but as the defendant in Perri v. Diversified Adjustment Serv. learned, proving bad faith or harassment is not easy. 2018 U.S. Dist. LEXIS 213612 (D. Az. Dec. 19, 2018). FCRA states at 15 U.S.C. § 1681n(c): (c) Attorney’s fees. […]
Schuh v. American Express Bank, FSB, 2018 WL 3751467 (S.D. Fla. May 3, 2018), provides a good example of the interplay between the FCRA’s requirement that consumer reporting agencies (“CRAs”) following reasonable procedures to ensure maximum possible accuracy of information and court orders which may impact the validity […]
Here at FCRAland, we frequently discuss cases applying the Supreme Court’s 2016 case Spokeo v. Robbins. That case specified that, for a plaintiff to have standing under FCRA, the plaintiff would need to allege an injury that is concrete (rather than a “bare procedural violation”). The import of […]
When discussing FCRA, we often concentrate our focus on certain individuals and entities trying to enforce the statute: the CFPB (or BCFP), FTC, class action firms, and individual plaintiffs. Nonetheless, a recent settlement demonstrates the importance of yet another actor—state agencies. In In the Matter of Encore Capital […]
The plaintiffs (“Plaintiffs”) in Gunter-King v. Wells Fargo Bank, N.A., Civil Action No. 18-11316 (JBS/JS), 2018 U.S. Dist. LEXIS 209443 (D.N.J. Dec. 12, 2018), defaulted on their loan obligation on or about July 2012 and a foreclosure suit was filed in May 2015. On February 3, 2016, they […]
Last Thursday, the Bureau of Consumer Financial Protection (the “Bureau”) announced a settlement with State Farm Bank, FSB (“State Farm”) regarding alleged violations of the FCRA as well as the Consumer Financial Protection Act of 2010. In the Consent Order, available here, the Bureau indicated that it found that […]
Remember Experian’s massive data breach of 15 million customers in 2015? The resulting consolidated class action is nearly resolved. On December 3, 2018, a California federal judge granted preliminary approval to a proposed class settlement valued at over $47 Million. Forty lawsuits against Experian were consolidated in the […]
In Mcinerney v. Eighth Judicial District Court, 2018 WL 6308727 (D. Nev. Dec. 3, 2018), Plaintiff Michael Mcinerney brought a negligence claim under 15 U.S.C. § 1681i against HireRight based upon its reporting of his criminal history. Based upon state court records, HireRight reported that Mcinerney was convicted […]
