Ramones v. Experian: Consumer Not Required to Plead All Elements of Cause of Action to Establish Standing

A data furnisher challenged a consumer’s Article III standing claiming that he did not state a claim for defamation and satisfy each cause of action under that statute. The court found that consumer only needed plausibly and clearly allege a concrete injury to establish standing under Article III. […]

Breedlove v. Santander: Creditor Impliedly Waives Arbitration Rights

The consumer’s auto loan was discharged in bankruptcy and the creditor pulled the consumer’s credit report. The consumer filed a class-action lawsuit against the creditor for a Fair Credit Reporting Act violation. After seven months of litigation, the creditor attempted to assert arbitration rights. The court found the creditor had waived its arbitration rights by its actions. […]

Fernandez v. Great Lakes: Reporting Closed Account with Zero Balance and Past Due Was Not Misleading

The district court granted the student loan servicer’s motion for summary judgment, finding that reporting the terms of a closed account with a zero balance, yet with the pay status listed as past due was not “patently incorrect” or “misleading.” […]

Bertollini v. Harrison: Court Finds Private Right of Action Under Section 1681s-2(b)

The court denied the furnisher’s motion to dismiss because the argument for dismissal centered on the veracity of the consumer’s complaint instead of whether the consumer had plead a legally cognizable claim. […]

Member Alert: ACA and Industry Testimony Describe Impact of Nevada Medical Debt Law

A court ruling is pending on ACA International and other plaintiffs’ motion for a temporary restraining order after the Nevada Financial Institutions Division announced its intent to promulgate regulations in draft form by Aug. 24. […]

Abukhodeir v. Amerihome: Consumers Plausibly Allege Data Furnisher Investigation Was Unreasonable

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. […]

Print and Mail Coalition Joins Aug. 11 ACA Huddle for Hunstein Discussion

The coalition and moderator John Bedard will discuss the impact of the Hunstein case in the marketplace. Editor’s note: This article is available for members only. […]

Ostrander v. Trans Union: Account Reported With "Zero Balance" and "Past Due" Was Not Inaccurate or Misleading

A Pennsylvania district court found that, when read as a whole, the credit information was not inaccurate or misleading as a matter of law and reasonable creditor would not be misled into believing that the account was currently past due. […]

Grauman v. Equifax: Future Risk of Reputational Harm Not Enough for Standing

The court found that the notation of a loan forbearance on the consumer’s credit report and the associated lowering of his credit score were insufficient by themselves to demonstrate a concrete reputational injury that would confer Article III standing. […]

June Case Filings Up for FDCPA, FCRA and TCPA

WebRecon’s latest report shows monthly increases in consumer litigation filings but year-to-date variations. […]

Tag: FCRA

Ramones v. Experian: Consumer Not Required to Plead All Elements of Cause of Action to Establish Standing

Breedlove v. Santander: Creditor Impliedly Waives Arbitration Rights

Fernandez v. Great Lakes: Reporting Closed Account with Zero Balance and Past Due Was Not Misleading

Bertollini v. Harrison: Court Finds Private Right of Action Under Section 1681s-2(b)

Member Alert: ACA and Industry Testimony Describe Impact of Nevada Medical Debt Law

Abukhodeir v. Amerihome: Consumers Plausibly Allege Data Furnisher Investigation Was Unreasonable

Print and Mail Coalition Joins Aug. 11 ACA Huddle for Hunstein Discussion

Ostrander v. Trans Union: Account Reported With "Zero Balance" and "Past Due" Was Not Inaccurate or Misleading

Grauman v. Equifax: Future Risk of Reputational Harm Not Enough for Standing

June Case Filings Up for FDCPA, FCRA and TCPA

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