A recent case in the District of New Jersey provides a good reminder to be mindful of exclusions to mandatory arbitration provisions. In Webster v. OneMain Financial, Inc., No. CV 18-2711 (JBS/AMD), 2018 WL 6322617 (D.N.J. Dec. 4, 2018), the plaintiff filed suit alleging FCRA violations against OneMain. […]
The Northern District of California recently considered a case where a plaintiff alleged that her employer’s FCRA disclosure both had too much information and too little. Soman v. Alameda Health Sys., No. 17-CV-06076-JD, 2018 WL 6308185 (N.D. Cal. Dec. 3, 2018). The plaintiff in Soman applied for a […]
On November 29, 2018, the Ninth Circuit Court of Appeals issued a decision in Mitchell v. Winco Foods, No. 17-35998, 2018 U.S. App. LEXIS 33483 (9th Cir. Nov. 29, 2018); a Fair Credit Reporting Act (“FCRA”) case on appeal after the U.S. District Court for the District of […]
New data offer fascinating insight into current trends for consumer finance litigation. According to WebRecon, Complaints to the Consumer Financial Protection Bureau have spiked by 10% in the last month alone. And, from October to November, litigious plaintiffs increased their efforts to bring statutory claims against financial service […]
The Seventh Circuit Court of Appeals, in the case of Rivera v Allstate Ins. Co., 907 F.3d 1031 (7th Cir. 2018), recently wrestled with a novel question under the FCRA – whether an investigation conducted by third party into employee misconduct could be considered a consumer report under […]
United States District Court Judge Marilyn L. Huff recently certified a FCRA settlement class, granted final approval of class settlement, and approved the plaintiffs’ request for attorneys’ fees and costs. Feist v. Petco Animal Supplies, Inc., 2018 WL 6040801 (S.D. Cal. Nov. 16, 2018). The lead plaintiffs in […]
By Arthur A. Ebbs In Hindle v. Toyota Motor Credit Corporation, 2018 WL 6033484 (D. Mass. Nov. 16, 2018), Plaintiffs alleged that they wanted to own their Prius rather than continue to lease it in order to lower their monthly payments. Plaintiffs coordinated with their dealer to buy […]
On November 14, 2018, a previously-introduced bill to amend the Fair Credit Reporting Act (“FCRA”) to “rectify problematic reporting of medical debt included in a consumer report of a veteran due to inappropriate or delayed payment for hospital care, medical services, or extended care services provided in a […]
