The Eastern District of Wisconsin recently confirmed that the permissible purpose for obtaining a consumer credit report under FCRA is broad. In Long v. Bergstrom Victory Lane, 2018 U.S. Dist. LEXIS 171750 (E. D. Wisc. October 4, 2018), the plaintiff brought FCRA and other claims after an auto […]
Last week, the District Court for Colorado offered important insight into what it means for consumer reporting agencies to conduct a “reasonable reinvestigation” into a dispute. In Thomas v. Hyundai Capital Am., the plaintiff filed FCRA claims against a car dealership, collection agency, and Equifax. See 2018 U.S. […]
In Shimon v. Equifax Info. Servs. Llc, No. 18-cv-2959 (BMC), 2018 U.S. Dist. LEXIS 174665 (E.D.N.Y. Oct. 8, 2018), the court held that for purposes of 15 U.S.C. § 1681g, the “source” of information is the party that provides the information directly to the credit reporting agency. The […]
Depending on the statutory violation, the Fair Credit Reporting Act (FCRA) allows plaintiffs to recover a wide array of damages and exposes defendants to significant liability. Seemingly minor violations of the Act may result in hundreds of thousands, if not millions, of dollars in damages. By way of […]
By Chad Ewing In Auer v. Trans Union, LLC, 902 F.3d 873 (8th Cir. 2018), the Eighth Circuit took a detour into common law and reminded us that a plaintiff who has consented to an alleged FCRA violation does not have standing to maintain a claim for that […]
Consumers are filing more FCRA related complaints than they did last year. Last week, the Association of Credit and Collection, Oregon, issued a news release citing a WebRecon report which indicated that consumer complaints rose in August, 2018 for several categories, including the FCRA. According to the report, […]
Cavanaugh v. Equifax Info. Servs., 2018 U.S. Dist LEXIS 169911 (D. Me. Oct. 2, 2018) is a recent and good reminder of the difficulties plaintiffs face when attempting to remand FCRA cases based on additional state law claims. The plaintiff originally filed his complaint seeking damages under FCRA […]
By Ginny Barnhart It doesn’t take much to have “standing to sue” under Article III for a technical violation of FCRA in the 11th Circuit. Based on the 11th Circuit’s October 3, 2018 opinion in Muransky v. Godiva Chocolatier, Inc., 2018 U.S. App. LEXIS 27980 (11th Cir. 2018), […]
