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Fair Credit Reporting Act (FCRA) › Consumer Reporting Agencies › Dismissals

Orrick, Herrington & Sutcliffe LLP

District court dismisses CFPB claims against credit reporting agency as time-barred, but grants leave to amend

Orrick, Herrington & Sutcliffe LLP on

On August 6, the U.S. District Court for the Central District of California granted a credit reporting agency’s motion to dismiss with leave to amend in a case brought by the CFPB. The court found that CFPB’s claims for...more

McGlinchey Stafford

Southern District of New York Finds No Private Right of Action for Improper Reporting Under the FCRA

McGlinchey Stafford on

The Southern District of New York dismissed an action under the Fair Credit Reporting Act (FCRA), finding that there was no private right of action under section 1681s-2(a) for purportedly inaccurate reporting by a furnisher....more

Womble Bond Dickinson

The Ninth Circuit Overturns District Court of Nevada’s Dismissal of FCRA Claim

Womble Bond Dickinson on

In Davis v. Experian Information Solutions, No. 20-15667, 2021 WL 2375933 (9th Cir. June 10, 2021), Plaintiff alleged that Experian violated sections 1681e and 1681i of the Fair Credit Reporting Act (“FCRA”) by “failing to...more

Seyfarth Shaw LLP

In Moran, Dissent Sets Up Arguments for Other Circuits to Find Dismissals Are Adverse Events

Seyfarth Shaw LLP on

The Fair Credit Reporting Act (“FCRA”) bars consumer reporting agencies from reporting civil suits, civil judgments, records of arrest, and other “adverse items” more than seven years after they occur. In a recent decision in...more

Womble Bond Dickinson

CRAs have a duty to report debt accurately, but are not the judge and jury

Womble Bond Dickinson on

Schuh v. American Express Bank, FSB, 2018 WL 3751467 (S.D. Fla. May 3, 2018), provides a good example of the interplay between the FCRA’s requirement that consumer reporting agencies (“CRAs”) following reasonable procedures...more

Fenwick & West LLP

Litigation Alert: The Third Circuit Holds That Allegations That Personal Information Was Improperly Disclosed in Violation of the...

Fenwick & West LLP on

Last week, the Third Circuit held that allegations of the unauthorized disclosure of personal information in violation of the Fair Credit Reporting Act (FCRA) constituted a de facto injury sufficient to confer standing at the...more

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