News & Analysis as of

Fair Credit Reporting Act (FCRA) Pleading Standards

Womble Bond Dickinson

Courts Repeatedly Dismiss Cases Where Plaintiffs Are Unable To Plausibly Allege Viable Claims Under The Fair Credit Reporting Act

Womble Bond Dickinson on

The entire spectrum of furnishers – from national banks to fintechs, finance companies to servicers, debt purchasers to collection agencies – have faced a recent onslaught of cases filed by consumers under the Fair Credit...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 1, 2020

Carlton Fields on

Real Property Update - Foreclosure / Note: Trial court could not challenge authenticity of note as copy where borrower had not pleaded defenses and lender was not afforded advanced notice of dispositive issue to be tried -...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 24, 2020

Carlton Fields on

Real Property Update - Quiet Title / Motion to Dismiss: Trial court not permitted to consider or take judicial notice of amended lis pendens and partial release of mortgage that were outside the counterclaim to which a...more

Pierce Atwood LLP

The District of Massachusetts Declines to Strike FCRA Class Claims in McIntyre v. RentGrow, Inc.

Pierce Atwood LLP on

In McIntyre v. RentGrow, Inc., No. 18-cv-12141-ADB, the District of Massachusetts recently denied a defendant’s motion to dismiss or to strike class claims in a putative Fair Credit Reporting Act (“FCRA”) action. The...more

Womble Bond Dickinson

Some Good News for Credit Grantors – The 6th Circuit Raises The Bar For Pleading “Permissible Purpose” Violations Under FCRA

Womble Bond Dickinson on

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...more

Bracewell LLP

High Court Underscores Injury Requirement for Statutory Class Actions

Bracewell LLP on

In a critical ruling for businesses concerned by the threat of growing class-action litigation, the Supreme Court decided on May 16, 2016 that plaintiffs must allege a concrete injury-in-fact to maintain statutory class...more

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