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Rodriguez v. Evergreen: Court Certifies FCRA Class Despite Individualized Damage Issues

 

A consumer disputed the status of her mortgage on her credit report. The consumer reporting agency (CRA) claimed that she did not properly state a claim under the Fair Credit Reporting Act because she did not sufficiently notify the CRA of the nature of her dispute. The district court agreed with the CRA and dismissed the case. On appeal, the 9th Circuit found the consumer stated a claim and that the district court erred when it dismissed the case. […]

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Bassett v. Credit Bureau Services: Class Decertification Denied

 

When assessing class certification, the fact that the lead plaintiff and class members all suffered the same injury-receipt of a letter that allegedly violated the Fair Debt Collection Practices Act-qualified the members, and the fact that the lead plaintiff also might be entitled to recover actual damages under 16 U.S.C. Section 1692(a)(1) was of no consequence because any class member whose injury was not redressed by the statutory award could opt out of the class. […]

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