News & Analysis as of

Private Right of Action Credit Reports

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

Troutman Pepper Locke

Federal District Court Grants Summary Judgment Dismissing Claim that Creditor Conducted an Unreasonable Investigation of a FCRA...

Troutman Pepper Locke on

In Suluki v. Credit One Bank, N.A. (Credit One), the Southern District of New York recently granted summary judgement to a creditor in a suit alleging violations of the Fair Credit Reporting Act (FCRA) for failure to conduct...more

Troutman Pepper Locke

Florida Federal Court Emphasizes Legal Disputes Do Not Give Rise to a Private Right of Action Against Furnishers

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The Middle District of Florida rounded out 2022 by ruling in conformance with Eleventh Circuit precedent that plaintiffs must have a factual, rather than legal, dispute to bring suit against a credit furnisher under §1681s-2b...more

Womble Bond Dickinson

District Court Finds Equitable Relief Not Available to Private Litigants Under FCRA

Womble Bond Dickinson on

The U.S. District Court for the District of Columbia recently dismissed FCRA claims of a pro se Plaintiff finding that there is no private cause of action for equitable relief. In Jackson Phillip Mosley v. Bank Of America,...more

Hinshaw & Culbertson - Consumer Crossroads

CFPB Relaxes Enforcement of FCRA in the Wake of Coronavirus Crisis But Furnishers' Obligations to Consumers Remain Unchanged

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in response to the continuing threat posed by the coronavirus (COVID-19) pandemic. Among other provisions,...more

Snell & Wilmer

CFPB Outlines Responsibilities of Credit Reporting Agencies and Furnishers in Response to the COVID-19 Pandemic

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The Consumer Financial Protection Bureau (the “CFPB”) released a Policy Statement outlining the responsibilities of credit reporting companies and furnishers during the COVID-19 pandemic. As lenders continue to offer...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 31, 2020

Carlton Fields on

Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

BCLP

Dutta: The Ninth Circuit Strikes Another Blow to FCRA Plaintiffs

BCLP on

On July 13, 2018, the United States Court of Appeals for the Ninth Circuit affirmed summary judgment against a plaintiff that lacked Article III standing to assert a claim under the Fair Credit Reporting Act, 15 U.S.C. §...more

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