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Credit Reporting Agencies Summary Judgment

Orrick, Herrington & Sutcliffe LLP

Fifth Circuit affirms lower court’s decision holding that a credit reporting agency did not violate the FCRA by not investigating...

On June 13, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision granting summary judgment in favor of the defendant, a credit reporting agency, and dismissing all claims brought by the...more

Troutman Pepper Locke

Second Circuit Explains Reasonable Investigation Standard in Identity Theft Case Under FCRA

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In a recent decision, the U.S. Court of Appeals for the Second Circuit clarified the expectations for furnishers when investigating consumer disputes under the Fair Credit Reporting Act (FCRA). In Suluki v. Credit One Bank,...more

Proskauer Rose LLP

Top 10 Whistleblowing and Retaliation Events of 2024

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Following our annual tradition — which started over a decade ago — we are analyzing the year's 10 most significant whistleblower and retaliation events. As you'll see, in 2024, actions taken by a range of courts and...more

Troutman Pepper Locke

Sixth Circuit Holds FCRA Preempts Defamation Claim

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The U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s decision holding that the Fair Credit Reporting Act (FCRA) preempted the plaintiff’s state law defamation claim based on information furnished to a...more

Troutman Pepper Locke

Ninth Circuit Affirms Summary Judgment Finding that Furnisher Conducted a Reasonable Investigation into Dispute

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In an unpublished decision, the U.S. Court of Appeals for the Ninth Circuit recently affirmed the decision of a California district court finding that the furnisher conducted a reasonable investigation under the Fair Credit...more

Orrick, Herrington & Sutcliffe LLP

District Court severs NJFCRA requirement that agencies must provide credit disclosures in 10 languages

On March 27, the U.S. District Court for the District of New Jersey granted in part and denied in part both the Attorney General for the State of New Jersey’s (AG) motion for summary judgment and a plaintiff international...more

Orrick, Herrington & Sutcliffe LLP

District Court dismisses RESPA claims asserting servicer failed to respond to QWRs

The U.S. District Court for the Western District of Washington recently ruled on a loan servicer’s motion for summary judgment concerning claims that the servicer violated RESPA when it failed to respond to multiple qualified...more

King & Spalding

D.C. District Court Upholds Hospitals’ Bad Debt Indigency Determinations Using Information Provided by Credit Reporting Agency

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On March 29, 2022, the D.C. District Court granted summary judgment in favor of a group of hospitals operated by Sentara Healthcare seeking reimbursement for bad debt from Fiscal Years (FYs) 2010-2013. The court determined...more

Womble Bond Dickinson

Eleventh Circuit Reverses Summary Judgment in Favor of Experian in FCRA Claim

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The Eleventh Circuit Court of Appeals recently reversed summary judgment entered in favor of Experian Information Solutions, Inc. (“Experian”) in a Fair Credit Reporting Act claim brought by Henry Losch (“Losch”) finding not...more

Troutman Pepper Locke

Context Matters: Court Grants Summary Judgment for Defendant and Emphasizes that Entire Tradeline Must be Analyzed in FCRA Claims

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In Ellis v. Warehouse Home Furnishings Distribs., Judge Catherine M. Salinas, of the United States District Court for the Northern District of Georgia, granted summary judgment for Warehouse Home Furnishings Distributors,...more

Womble Bond Dickinson

Time Will Tell: FCRA Statute of Limitations Defense on a Motion to Dismiss

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FCRA’s statute of limitations can sometimes provide defendants with a cut-and-dry grounds for dismissal early in case, but not always. The Eastern District of Michigan recently denied a motion to dismiss based on the statute...more

Womble Bond Dickinson

Happy Halloween to FCRA Defendants in Wisconsin: Court Rules that the Courts, not CRAs, are Charged with Resolving Legal Disputes

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Although this time of year may be the favorite of ghouls and goblins, it was not so scary for the FCRA defendants in Garland v. Marine Credit Union, 2018 WL 5313769 (E.D. Wis. Oct. 26, 2018), who escaped liability to their...more

Womble Bond Dickinson

Consistency Is Key: FCRA Case Survives Summary Judgment Due To Inconsistencies In Report

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The Eastern District of Pennsylvania recently denied a motion for summary judgment in a FCRA case, paving the way for the dispute to proceed to trial. In Chiarello v. Trans Union, LLC, No. 2:17-cv-00513-AB, 2018 WL 4698846...more

Womble Bond Dickinson

Fifth Circuit Gets it Right, Affirms Summary Judgment

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In Hall v. LVNV Funding, L.L.C., 2018 WL 4664117 (5th Cir. Sept. 26, 2018), the Fifth Circuit affirmed summary judgment for a furnisher of credit information, finding there was no dispute of material fact as to whether the...more

Goodwin

Financial Services Weekly Roundup - July 2018 #2

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Editor's Note - In This Issue. California enacted a new data privacy law; the SEC’s Office of Compliance Inspections and Examinations (OCIE) issued a risk alert highlighting deficiencies observed in recent examinations of...more

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