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Posts published in “FCRA”

Fair Credit Reporting Act

7th Cir. Upholds Rejection of Borrower’s FCRA and FDCPA Claims Arising from Collection and Reporting Post-Bankruptcy

The U.S. Court of Appeals for the Seventh Circuit recently upheld a trial court's rejection of a borrower's allegations that a mortgagee and its servicer violated the federal Fair Credit Reporting Act and the federal Fair Debt Collection Practices Act by allegedly inaccurately reporting her loan as delinquent following the borrower's successful completion of her bankruptcy plan, allegedly rejecting her subsequent monthly payments, and filing a foreclosure action based on the supposed post-bankruptcy defaults.

11th Cir. Holds ‘Actual Damages’ Not Required for ‘Willful’ Violations of FCRA

The U.S. Court of Appeals for the Eleventh Circuit recently held that a trial court's denial of a motion for class certification was an abuse of discretion because the trial court’s analysis of Rule 23(b)(3)’s predominance requirement was based on its erroneous interpretation of the second option in section 1681n(a)(1)(A) of the federal Fair Credit Reporting Act as requiring a showing of actual damages.

7th Circ. Sets Standard for FCRA ‘Incomplete or Inaccurate Furnishing’ Claims

The U.S. Court of Appeals for the Seventh Circuit recently affirmed a summary judgment ruling in favor of a mortgage loan servicer and held that no reasonable jury could find that the servicer provided patently incorrect or materially misleading information sufficient to support a claim under Section 1681s-2(b) of the federal Fair Credit Reporting Act.

2nd Cir. Holds FCRA Does Not Apply to Inaccuracies Involving Legal Disputes

The U.S. Court of Appeals for the Second Circuit recently affirmed a trial court’s order granting summary judgment in favor of a credit reporting agency and ruled that reporting a student loan debt that was discharged in bankruptcy as “due and owing” is not cognizable as an “inaccuracy” under the federal Fair Credit Reporting Act.

7th Cir. Rejects FCRA Claim for Lack of Standing at Summary Judgment Stage

The U.S. Court of Appeals for the Seventh Circuit affirmed a trial court’s dismissal, on separate grounds, of a borrower’s FCRA claims because the borrower lacked standing. In addition, the Seventh Circuit held that the borrower’s affidavit made conclusory statements with documentary support and was therefore insufficient to defeat the lender’s motion for summary judgment. 

9th Cir. Denies Plaintiffs’ Remand Motion, Holds FCRA ‘Informational and Privacy Interests’ Sufficient for Standing

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the trial court's denial of a motion for a remand to state court and the dismissal of the plaintiffs' class action suit alleging violations of the federal Fair Credit Reporting Act by a credit reporting agency.