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Fair Credit Reporting Act (FCRA) › Contract Disputes

McGlinchey Stafford

Fifth Circuit Clarifies Arbitration Waiver Requires Same Claim

McGlinchey Stafford on

In Barnett v. American Express National Bank, 24-CA-60391 (5th Cir. 7/29/2025), the U.S. Fifth Circuit reaffirmed that a waiver of the right to arbitrate by “substantially invoking the judicial process” requires a showing...more

Orrick, Herrington & Sutcliffe LLP

Eleventh Circuit reverses “clickwrap” case in favor of credit agency

Orrick, Herrington & Sutcliffe LLP on

On July 3, the U.S. Court of Appeals for the Eleventh Circuit reversed and remanded a district court’s denial of a motion to compel arbitration, ordering that a dispute between an individual and a credit reporting company...more

Foley & Lardner LLP

Courts Hold Contract Disputes Not Actionable Under FCRA

Foley & Lardner LLP on

A recent string of U.S. District Court decisions has clarified liability for furnishers of credit information under the Fair Credit Reporting Act (FCRA), specifically 15 U.S.C. § 1681s-2(b), in situations where consumers...more

Benesch

Disputed Liability on Debt Does Not Give Rise to “Inaccuracy” for FCRA Claim, Northern District of Alabama Holds

Benesch on

There is an important distinction in FCRA litigation between cases where a consumer disputes the inaccuracy of information being reported to consumer reporting agencies versus where the consumer is disputing liability for the...more

Womble Bond Dickinson

What’s a “Reasonable” Reinvestigation: Defining Consumer Reporting Agency Obligations Under FCRA

Womble Bond Dickinson on

Last week, the District Court for Colorado offered important insight into what it means for consumer reporting agencies to conduct a “reasonable reinvestigation” into a dispute. In Thomas v. Hyundai Capital Am., the plaintiff...more

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