A Washington district court held that CRAs are not required as part of their reinvestigation duties to provide an opinion on the legal validity of a consumer’s alleged debt. 06/22/2022 2:30 P.M. 3.5 minute read Riser v. Central Portfolio Control, Inc. and Trans Union, LLC, No. 3:21-CV-05238-LK, 2022 WL 2209648 (W.D. Wash. June 21, 2022) […]
A New York district court found a consumer’s FCRA claims failed because he did not assert that he notified a CRA of an alleged inaccurate debt or report by a furnisher, which would have triggered the furnisher’s duty to investigate. 06/09/2022 3:45 P.M. 3 minute read Ngambo v. Bank of America, No. 20 CIV. 02221 […]
A Michigan district court dismissed a consumer’s claims for violations of the FCRA, finding that the defendant’s failure to remove a dispute notation from the consumer’s credit report did not violate the FCRA. 05/12/2022 3:15 P.M. 3 minute read Bolden v. First Premier Bank, No. 20-12809, 2022 WL 1444440 (E.D. Mich. May 6, 2022) By […]
The court found the consumer failed to allege a violation of a furnisher’s duties to report information with completeness or accuracy under the FCRA at Section 1681s-2(b), and his claim for negligent violation of the statute under Section 1681o failed because the consumer’s pleading did not identify facts the furnisher could have uncovered that would […]
A court sided with the majority view that a furnisher who repeatedly reports a delinquent account as charged-off is not inaccurate and has not violated the FCRA. 03/16/2022 4:00 P.M. 3.5 minute read Otto v. TransUnion, LLC, No. 6:21-CV-00379-AA, 2022 WL 787940 (D. Or. Mar. 15, 2022) By Betsy Clarke—Compliance Attorney Note: CA provides Daily […]
The FDCPA may not be used as a means to enforce other statutes, and the broad and vague language of Section 1692f does not transform every violation of state or federal law into a violation of the FDCPA. However, the court found that a consumer’s contention that a collection agency imposed fees in violation of […]
Where the plaintiff failed to allege either that (1) her account servicer was a data furnisher under the FCRA, or that (2) she ever notified any entity that she wished to withdraw her initial report of a dispute, the plaintiff’s claims were implausible and subject to dismissal, without prejudice, for failure to state a claim. […]
The consumer in this case claimed a loan servicer acted willfully and negligently by reporting his mortgage loan as past due, even though it knew the loan was discharged in bankruptcy. The district court found in favor of the loan servicer stating the consumer lacked standing to bring his claim. The U.S. Court of Appeals for the Sixth Circuit reversed and remanded the case. […]
The consumers found that two mortgage payments were being reported as delinquent. They then contacted the data furnisher and found that for an unknown reason their automatic payments had not been processed. The consumer disputed the delinquent payments. However, the data furnisher continued reporting the late payments to the credit bureaus despite assuring consumers previously that it would delete any late fees incurred and help consumers to resolve the issue. The court denied the data furnisher’s motion to dismiss. […]
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