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Fair Credit Reporting Act (FCRA) › Credit Reporting Agencies › Failure To State A Claim

McGlinchey Stafford

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

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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

Southern District of New York Reaffirms That Seven-Year Window for Reporting Delinquent Account Resets Following Cure and Later...

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On February 1, 2021, the Southern District of New York denied Jason Wimberley’s motion to file a second amended complaint finding that despite the liberal standard applied to pro se pleadings, his proposed second amended...more

Troutman Pepper Locke

Second Circuit Reaffirms that if You Don’t Dispute with the CRA, You Don’t Have a Claim

Troutman Pepper Locke on

Fair Credit Reporting Act (“FCRA”) plaintiffs learned a hard lesson in procedure recently when the Second Circuit Court of Appeals affirmed the dismissal of their claim because they (presumably) failed to follow the...more

Womble Bond Dickinson

Second Circuit Upholds Dismissal of FCRA Claim Due to Customer’s Failure to Allege Dispute to CRA

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A three-judge panel in the Second Circuit recently affirmed a Connecticut district court decision dismissing a Fair Credit Reporting Act suit against Salisbury Bank and Trust Company because the customer had not notified a...more

Womble Bond Dickinson

Stating a Claim Under the Fair Credit Reporting Act: A Primer on 1681s-2(b) Claims

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This week, the district court for the Middle District of Pennsylvania provided us with a simple (and helpful) reminder regarding 15 U.S.C. § 1681s-2 claims: All § 1681s-2(b) claims must be initiated by alerting a credit...more

Womble Bond Dickinson

Some Good News for Credit Grantors – The 6th Circuit Raises The Bar For Pleading “Permissible Purpose” Violations Under FCRA

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At a time when some courts allow FCRA claims to withstand motions to dismiss based on largely conclusory assertions of the elements of a FCRA violation (particularly § 1681s-2(b) claims alleging a failure to “reasonably...more

Womble Bond Dickinson

Sharp Distinction: Section 1681i Claim Dismissed Because There is a “Sharp Distinction” Between a Credit File and Credit Report

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Plaintiffs’ Other FCRA Claims Survive By “Skin of their Teeth.” In Clements v. Trans Union, LLC, 2018 U.S. Dist. LEXIS 160931 (Aug. 29, 2018)[1] (“Clements”), a purported class action pending in the United States District...more

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