News & Analysis as of

Credit Reports Fair Credit Reporting Act (FCRA) Motion to Dismiss

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

Ballard Spahr LLP

Trade groups respond to motion to dismiss lawsuit challenging Nevada law allowing applicant to rely on spouse’s or former spouse’s...

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The three trade groups challenging an amendment to Nevada law that allows an applicant for credit with no credit history to request that the creditor deem the applicant’s credit history to be identical to that of the...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Ballard Spahr LLP

Nevada regulator and AG file opposition to trade groups’ preliminary injunction motion in lawsuit challenging Nevada law allowing...

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The Commissioner of the Financial Institutions Division (FID) of the Nevada Department of Business and Industry and the Nevada Attorney General have filed opposition to the preliminary injunction motion filed by three trade...more

Ballard Spahr LLP

Nevada regulator and AG seek dismissal of lawsuit filed by trade groups challenging Nevada law allowing applicant to rely on...

Ballard Spahr LLP on

The Commissioner of the Financial Institutions Division of the Nevada Department of Business and Industry and the Nevada Attorney General have filed a motion to dismiss the lawsuit filed last month in Nevada federal court by...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending September 13, 2019

Carlton Fields on

Real Property Update - Lost Note / Standing: differences in initial plaintiff's name in initial complaint and chain of assignments attached to amended complaint cast doubt on plaintiff's standing to enforce lost note and...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

Saul Ewing LLP

New Jersey District Court Denies Furnisher’s Attempt To Dismiss FCRA Claim At The Outset Of Case

Saul Ewing LLP on

In Fumelus v. Experian Information Solutions, Inc., 2019 WL 1509140 (D.N.J. Apr. 5, 2019), the plaintiffs alleged that defendant Diamond Resorts (“Diamond”) violated the FCRA by furnishing false information about their...more

Womble Bond Dickinson

Time Will Tell: FCRA Statute of Limitations Defense on a Motion to Dismiss

Womble Bond Dickinson on

FCRA’s statute of limitations can sometimes provide defendants with a cut-and-dry grounds for dismissal early in case, but not always. The Eastern District of Michigan recently denied a motion to dismiss based on the statute...more

Womble Bond Dickinson

Undisputed? Allegations of Inconsistent Communications from Auto Lender Survive Motion to Dismiss

Womble Bond Dickinson on

In Hindle v. Toyota Motor Credit Corporation, 2018 WL 6033484 (D. Mass. Nov. 16, 2018), Plaintiffs alleged that they wanted to own their Prius rather than continue to lease it in order to lower their monthly payments....more

Womble Bond Dickinson

Eastbound, but not out. Loaded up but not trucking.

Womble Bond Dickinson on

In Luna v. Wal-Mart Trans., LLC, 2018 WL 5726204 (W.D. Ark. Nov. 1, 2018), the Court provided a good reminder that there are exceptions to the FCRA’s “stand-alone” disclosure requirement. Under the facts of the case,...more

Womble Bond Dickinson

Preemption Not a Silver Bullet to Defeat State Law Claims

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In many recent cases—including several chronicled here at FCRAland—courts have dismissed state-law claims when those claims were preempted by FCRA. Yesterday, a court bucked the trend and held that a state-law breach of...more

Womble Bond Dickinson

Stating a Claim Under the Fair Credit Reporting Act: A Primer on 1681s-2(b) Claims

Womble Bond Dickinson on

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...more

Womble Bond Dickinson

A Friendly Reminder On Credit Reporting: Accounts Discharged in Bankruptcy

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Earlier this week, the United States District Court for the Middle District of Tennessee reminded us of an important (and sometimes forgotten) wrinkle to the Fair Credit Reporting Act (“FCRA”). In Blanch v. Transunion, the...more

Womble Bond Dickinson

Sharp Distinction: Section 1681i Claim Dismissed Because There is a “Sharp Distinction” Between a Credit File and Credit Report

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Plaintiffs’ Other FCRA Claims Survive By “Skin of their Teeth.” In Clements v. Trans Union, LLC, 2018 U.S. Dist. LEXIS 160931 (Aug. 29, 2018)[1] (“Clements”), a purported class action pending in the United States District...more

Polsinelli

If You Credit-Check New Hires, Go Over Your Disclosures or Face FCRA Exposure

Polsinelli on

Employers, beware: a recent rash of class action suits regarding Fair Credit Reporting Act (FCRA) violations, specifically regarding disclosure provisions, poses new compliance requirements for materials you distribute to...more

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