FCRA Blog
Court Dismisses Majority Of Consumer’s FCRA Claims But Certain Alleged Damages Related to Reasonable Procedures Claim Against One CRA Survive Summary Judgment
On Tuesday, May 8, 2012 by Martin Thornthwaite posted in FCRA Blog
Plaintiff asserted claims against Trans Union LLC (“Trans Union”) under § 1681e(b) and § 1681i and against Experian Information Solutions, Inc. (“Experian”) under § 1681e(b) and § 1681g of the FCRA. With respect to Trans Union, Plaintiff claimed that it reported an account on Plaintiff’s credit file that belonged to another person and that because of prior history, Trans Union was aware that the account should not have been reporting on Plaintiff’s credit file.


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Court Denies CRA’s Motion to Dismiss Because It Relied Entirely on Furnisher’s Investigation
On Friday, April 27, 2012 by Ryan Langston posted in FCRA Blog
Plaintiff alleged that a bank account was opened fraudulently at Washington Mutual (later acquired by JPMorgan Chase) (“Chase”). The account was allegedly used to commit fraud. Early Warning Systems, LLC (“Early Warning”) notified Wachovia Bank (“Wachovia”) where Plaintiff had a longstanding bank account and reported the fraudulent activity. As a result of the report, Plaintiff’s Wachovia account was placed on a financial hold.


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Court Holds Willfulness Determination Under FACTA Is a Question of Fact for the Jury
On Friday, April 27, 2012 by Ryan Langston posted in FCRA Blog
Plaintiff received a credit card receipt from Defendant Bacci Café & Pizzeria on Ogden, Inc. ("Defendant") that displayed all of the digits of his credit card number and its expiration date. Plaintiff filed this action on behalf of himself and a class of customers alleging a violation of § 1681c(g) of the Fair and Accurate Credit Transactions Act ("FACTA"), which prohibits businesses from printing non-truncated credit card numbers on the receipts issued to customers.


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Newsletter: April 23, 2012
On Monday, April 23, 2012 by Marc F. Kirkland posted in FCRA Blog
Click here to view the full newsletter.

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Consumer Reports Obtained in Connection With Commercial Loans Are Not Subject to the FCRA
On Wednesday, April 18, 2012 by Ryan Langston posted in FCRA Blog
Plaintiff alleged that in July 2004, Wells Fargo Bank, N.A. (Wells Fargo), was servicing loans on two properties Plaintiff had purchased (“Loan A” and “Loan B”). In September 2004, Plaintiff's wife sent in two payments on Loan A, but inadvertently noted on the checks that they were intended to pay off Loan B. Wells Fargo applied the checks to Loan B, which it erroneously believed to be in arrears.


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