Doss v. TransUnion: Court Denies Dismissal of FCRA Claims

 

Although the consumer informed the credit reporting agency that she no longer disputed a debt, her credit report continued to reflect the dispute. She alleged the data furnisher was  liable under the FCRA for negligently and willfully failing to investigate the dispute, and that the credit reporting agency was liable under the FCRA for negligently […]

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CFPB Seeks Comment on Proposed Rule Prohibiting Adverse Information on Credit Reports in Cases of Human Trafficking

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Comments on the proposed credit reports rule, which would implement amendments to the Fair Credit Reporting Act, are due May 9. 04/08/2022 1:15 P.M. 2.5 minute read The CFPB has issued a proposed rule that would prohibit consumer reporting agencies (CRAs) from providing consumer credit reports containing adverse information about a consumer that resulted from a severe form […]

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Hussey v. Equifax: Court Grants Furnisher’s Motion for Judgment in FCRA Action Involving Dispute about Disputed Tradeline

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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 […]

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Otto v. TransUnion: Court Grants Partial Dismissal of FCRA Claims

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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 […]

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Tescher v. Experian Info. Sols: Court Denies Credit Furnisher’s Motion to Dismiss FCRA Claims that Alleged Its Investigation Was Insufficient

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Certain issues, such as the reasonableness of a furnisher’s investigation into a consumer’s dispute, are fact-intensive. Information about the precise nature of the furnisher’s investigation is uniquely in the hands of the furnisher and so a consumer cannot be expected to have much more information about the reasonableness of the investigation at the early stages […]

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