News & Analysis as of

Motion to Dismiss › Credit Reports › Article III

McGlinchey Stafford

FCRA Claims Survive Dismissal Over Challenges to Standing and Statute of Limitations

McGlinchey Stafford on

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 Fair Credit Reporting Act (FCRA). Rejecting a challenge to a plaintiff’s...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...

Ballard Spahr LLP on

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...

Ballard Spahr LLP on

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Sheppard Mullin Richter & Hampton LLP

Update on Data Breach and Data Privacy Class Actions Post-Spokeo

Sheppard Mullin Richter & Hampton LLP on

In May, the U.S. Supreme Court issued its opinion in Spokeo v. Robins, providing guidance on the “injury-in-fact” aspect of the constitutional standing requirement for putative class action plaintiffs. 136 S. Ct. 1540...more

8 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide