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Fair Credit Reporting Act (FCRA) Federal Rule 12(b)(6)

Womble Bond Dickinson

Eastern District of North Carolina Declines to Find FCRA Claim is Time-Barred

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The United States District Court for the Eastern District of North Carolina recently provided a good reminder of the applicable standards for both a Rule 12(b)(6) motions based on a statute of limitations defense and motion...more

Pierce Atwood LLP

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

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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

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Federal Court Cites Rooker-Feldman Doctrine and New Jersey “Entire Controversy Doctrine” to Decline Jurisdiction of FCRA Claims

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The plaintiffs (“Plaintiffs”) in Gunter-King v. Wells Fargo Bank, N.A., Civil Action No. 18-11316 (JBS/JS), 2018 U.S. Dist. LEXIS 209443 (D.N.J. Dec. 12, 2018), defaulted on their loan obligation on or about July 2012 and a...more

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

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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

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Getting Technical: Court finds that disclosures mandated under FCRA must meet the precise requirements of the Act

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“Technically speaking, your claim is not good enough.” That was the message that the United States District Court for the District of New Jersey delivered to the Plaintiff in Tonge v. Cpc Logistics, 2018 U.S. Dist. LEXIS...more

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The Tassel is Worth the Hassle: Putative Class Action Dismissed after Court Finds that Accurately Reported College Enrollment...

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15 U.S.C. 1681c of the Fair Credit Reporting Act (“FCRA”) governs the requirements for information contained in consumer reports. Section 1681c(a) provides that there are six categories of information that are generally...more

Bass, Berry & Sims PLC

In Bizarre Procedural Posture, Ninth Circuit Finds FCRA Willful Violation

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In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that combining a liability waiver and a Fair Credit Reporting Act (FCRA) disclosure in an employment application constitutes a willful...more

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