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Fair Credit Reporting Act (FCRA) Emotional Distress Damages

McGlinchey Stafford

FDCPA Claim: District Court Grants Summary Judgment in Favor of Creditor

McGlinchey Stafford on

On June 14, 2024, in Smitherman v. Midland Credit Mgmt. Inc., the United States District Court for the Western Division of Missouri granted summary judgment for a creditor on a plaintiff’s claim under the Fair Debt Collection...more

BCLP

Loan Servicers’ Obligation to Maintain Appropriate Database Systems

BCLP on

The background to the Eleventh Circuit’s decision in Marchisio v. Carrington Mortgage Services, LLC, — F. 3d — (11th Cir. March 25, 2019)(2019 WL 1320522) demonstrated repeated recklessness by a lender in updating its...more

Womble Bond Dickinson

Alabama District Court Examines Emotional Distress Damages under FCRA

Womble Bond Dickinson on

Courts across the country differ on what is required to prove emotional distress damages under the FCRA. The Eleventh Circuit has proven to be no exception. In Johnathan Rodriguez v. General Information Services, No....more

Womble Bond Dickinson

What’s Up Doc with Medical Records in FCRA Cases?

Womble Bond Dickinson on

Are medical records discoverable in FCRA cases? Like most legal questions, it depends. The Northern District of California recently grappled with this issue in the case of Prado v. Equifax Information Services LLC, No....more

Womble Bond Dickinson

Court Finds Permissible Purpose Under FCRA, Despite Alleged Lack Of Consent

Womble Bond Dickinson on

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....more

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