News & Analysis as of

Fair Credit Reporting Act (FCRA) Pro Se Litigants

McGlinchey Stafford

Litigation Byte (December Edition)

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Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business....more

McGlinchey Stafford

District Court Dismisses FDCPA and FCRA Action Against Community College

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On December 11, 2024, the United States Court for the Eastern District of Pennsylvania Arizona dismissed a pro se litigant’s claims against Montgomery Community College (the College) for, inter alia, alleged violations of the...more

McGlinchey Stafford

Litigation Byte (November Edition)

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A recent opinion from a federal court in North Carolina emphasizes how difficult it is to succeed on a motion to dismiss a lawsuit arising under the FCRA. Rejecting a challenge to a plaintiff’s standing and the timeliness of...more

McGlinchey Stafford

Litigation Byte (August Edition)

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The Litigation Byte is the new name and format for McGlinchey’s Commercial Law Bulletin. Our new format reflects McGlinchey’s national coverage and our expanded footprint while still serving up the digestible, insightful...more

Womble Bond Dickinson

District Court Finds Equitable Relief Not Available to Private Litigants Under FCRA

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The U.S. District Court for the District of Columbia recently dismissed FCRA claims of a pro se Plaintiff finding that there is no private cause of action for equitable relief. In Jackson Phillip Mosley v. Bank Of America,...more

Womble Bond Dickinson

Maryland District Court Allows Pro Se Litigant’s FCRA Claim To Proceed Beyond 12(b)(6) Motion

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The U.S. District Court for the District of Maryland recently allowed a pro se plaintiff’s FCRA claim to survive a motion to dismiss. In Carrasco v. M&T Bank, Plaintiff Bryce Carrasco (Plaintiff) opened a new credit card in...more

Womble Bond Dickinson

Southern District of New York Reaffirms That Seven-Year Window for Reporting Delinquent Account Resets Following Cure and Later...

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On February 1, 2021, the Southern District of New York denied Jason Wimberley’s motion to file a second amended complaint finding that despite the liberal standard applied to pro se pleadings, his proposed second amended...more

Womble Bond Dickinson

Removal to Federal Court: No Inference of FCRA Claim When None Stated

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Courts generally give some deference to a pro se plaintiff attempting to state his or her claims, even if the claims are not plead perfectly. However, in Thao Le v. Capital One Auto Finance (N.D. Cal. Nov. 1, 2018), the court...more

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