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Consumer Reporting Agencies › Motion to Dismiss

Troutman Pepper

New Jersey Federal Court Reviews Call Transcript to Dismiss FDCPA Complaint

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In March, the U.S. District Court for the District of New Jersey granted the defendant’s motion to dismiss a claim that the defendant violated § 1692e(8) of the Fair Debt Collection Practices Act (FDCPA) when it failed to...more

Troutman Pepper

CFPB and FTC File Amicus Brief Urging Fourth Circuit to Find FCRA Requires Investigation Regardless of Whether Dispute Is Factual...

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On December 8, the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) (collectively, the agencies) filed an amici curiae brief urging the U.S. Court of Appeals for the Fourth Circuit to reverse a...more

Troutman Pepper

FCRA Claim for “Misleading” Double-Reporting of Debt by Original Creditor and Collection Agency Survives Motion to Dismiss

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In Hansen v. Mountain America Federal Credit Union, the plaintiff became delinquent on a credit card account with her credit union. The credit union then assigned the debt to a third-party collection agency. Following the...more

Womble Bond Dickinson

Central District of California Rejects Class Claims, Finding That Disclosure of All Data Is Not Required Under FCRA Section...

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On November 18, 2020, the United States District Court for the Central District of California (the “Central District”) dismissed the First Amended Complaint of putative class representatives asserting a FCRA claim against...more

Seyfarth Shaw LLP

Ninth Circuit Rules That Users, Not Consumers, Must Prove an Authorized Purpose for Obtaining a Consumer Report

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Synopsis: Last month, the Ninth Circuit issued an opinion, affirming broad Article III standing and holding that, for permissible-purpose claims, a consumer-plaintiff need allege only that his/her credit report was obtained...more

Womble Bond Dickinson

FCRA Claims Dismissed in Massive Equifax Data Breach Case

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Yesterday, the District Court for the Northern District of Georgia granted a motion to dismiss FCRA claims in a case involving one of the largest data breaches in history....more

Womble Bond Dickinson

Preliminary approval of class action settlement for Experian data breach exceeds $47M

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Remember Experian’s massive data breach of 15 million customers in 2015? The resulting consolidated class action is nearly resolved. On December 3, 2018, a California federal judge granted preliminary approval to a proposed...more

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