The court rejected a consumer’s attempt to create a dispute about her request that a credit reporting agency stop reporting an earlier dispute on her credit report. Case law didn’t support the consumer’s claim that when she unilaterally changed her mind and informed a CRA (but not the furnisher) that she no longer disputed an […]
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 […]
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 […]
Courts may permit a pro se plaintiff multiple attempts to amend the complaint, but with persistence a defendant may be able to significantly narrow the claims remaining in a legal action. 01/11/2022 3:45 P.M. 2.5 minute read Bjornson v. Equifax Inc., No. 3:20-CV-05449 RJB, 2020 WL 7042994 (W.D. Wash. Dec. 1, 2020), aff’d in part, […]
Because creditors are in a better position to determine the validity of a debt instrument that they hold, a creditor acting as a furnisher has a duty to review the legal validity of a debt in addition to ensuring information it furnishes is factually accurate. 01/10/2022 3:30 P.M. 3.5 minute read Sessa v. Linear Motors, […]
A collector facing entry of a default judgment on FDCPA claims chose to concede the default and focus on arguing against the full measure of damages and attorney’s fees and is rewarded by the court’s reduction in the amount of both damages and fees requested by the consumer. 11/29/2021 3:00 PM 3.5 minute read Buchannon […]
The court found standing based on the Fair Credit Reporting Act plaintiff’s financial injury but granted summary judgment for the credit furnisher because tradelines indicating that the account had been closed provided historical information only, and were not inaccurate. The court warned the plaintiff’s counsel he could incur sanctions if he filed future baseless claims. […]
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