Consumers filed fewer FCRA complaints in September 2018 than they did in August, according to the Association of Credit and Collection Professionals, Oregon, citing a report from WebRecon. FCRA filings declined 21.7% percent over the prior month, dropping from 433 to 339 cases. This downturn between September and […]
In many recent cases—including several chronicled here at FCRAland—courts have dismissed state-law claims when those claims were preempted by FCRA. Yesterday, a court bucked the trend and held that a state-law breach of contract claim was not preempted by FCRA. Long v. Bank of America, N.A., No. 17-CV-2756, […]
By Arthur Ebbs Courts generally give some deference to a pro se plaintiff attempting to state his or her claims, even if the claims are not plead perfectly. However, in Thao Le v. Capital One Auto Finance (N.D. Cal. Nov. 1, 2018), the court reminded defendants not to […]
In Thornton v. Equifax Info. Servs., No. 4:18-CV-80 (CDL), 2018 U.S. Dist. LEXIS 189052 (M.D. Ga. Nov. 5, 2018), the United States District Court for the Middle District of Georgia confirmed that a plaintiff’s state law claims were preempted by section 1681t of the Fair Credit Reporting Act. […]
As basketball season arrives, the United States District Court for the Eastern District of Kentucky reminded us that there is no such thing as a slam dunk when it comes to damages awarded pursuant to a violation of the FCRA. In the case of Shockley v. Portfolio Recovery […]
Stanford University is facing a new FCRA class action with, potentially, over a thousand class members. And it’s not the first time Stanford has faced these claims. According to the class action complaint in Richards v. Leland Stanford Junior University et al, Theresa Richard applied and was hired […]
Although this time of year may be the favorite of ghouls and goblins, it was not so scary for the FCRA defendants in Garland v. Marine Credit Union, 2018 WL 5313769 (E.D. Wis. Oct. 26, 2018), who escaped liability to their plaintiff because she sued them over the legal […]
We have a good one for our lender and servicer friends out there. In Bauer v. Roundpoint Mortg. Servicing Corp., No. 18 C 3634, 2018 U.S. Dist. LEXIS 184328 (N.D. Ill. Oct. 29, 2018), the Court held that despite a court order dismissing the mortgage foreclosure with prejudice, […]
