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, […]
The Southern District of Ohio recently came out with another opinion in favor of arbitration provisions. In Fox v. Transunion, 2018 U.S. Dist. LEXIS 183937 (S.D. Ohio Oct. 26, 2018), the plaintiff filed suit alleging that a bank violated FCRA and defamed her by reporting disputed charges to […]
Of FCRA’s many remedy provisions, parties frequently focus their attention on 15 U.S.C. § 1681n(a), which includes provisions that allow plaintiffs to recover actual damages, statutory damages, punitive damages, and attorney’s fees. Rarely, however, do parties or courts look at a neighboring provision, 15 U.S.C. § 1681n(c). That […]
This week, in Siglin v. Sixt Rent A Car, LLC, 18-cv-62536, a proposed class action was filed against Sixt Rent A Car, LLC (“Sixt”) for its alleged failure to properly conceal consumers’ card and identification information on its receipts. Debit and credit cards generally contain 16 digit numbers. […]
The FTC has been accused of failing to “meaningfully enforce” the FCRA,[1] but on October 16, 2018, it announced a $3 million settlement with RealPage Inc. (“RealPage”), which it billed the “largest civil penalty the FTC has obtained against a background screening company.” According to the FTC press […]
This week, the district court for the Middle District of Pennsylvania provided us with a simple (and helpful) reminder regarding 15 U.S.C. § 1681s-2 claims: All § 1681s-2(b) claims must be initiated by alerting a credit reporting agency of a dispute of erroneous information reported. Consumers cannot maintain […]
In Howard v. Navient Solutions, LLC, 2018 U.S. Dist. LEXIS 180022 (W.D. Wa., Oct. 18, 2018), the US District Court for the Western District of Washington recently held that arbitration provisions in promissory notes (“Notes”) signed by the plaintiff were broad enough to encompass her FCRA claim against […]
At a time when some courts allow FCRA claims to withstand motions to dismiss based on largely conclusory assertions of the elements of a FCRA violation (particularly § 1681s-2(b) claims alleging a failure to “reasonably investigate”), the U.S. Court of Appeals for the 6th Circuit just issued an […]
