Burghy v. Dayton Racquet Club, Inc., et al., 2010 U.S. Dist. LEXIS 17373 (S.D. Ohio Feb. 26, 2010)
Facts: Plaintiff filed suit against Dayton Racquet Club, Inc., her former employer, asserting various claims under the Fair Credit Reporting Act (“FCRA”) as well as common law claims arising out of her termination allegedly based on information contained in her credit report. Dayton Racquet Club and its parent company, ClubCorp (“Defendants”), filed...
Regus v. Citibank (South Dakota), N.A., 2010 U.S. Dist. LEXIS 71575 (D. R. I. June 22, 2010)
Facts: Pro se Plaintiff filed suit in state court against Home Depot and Citibank related to a disputed credit account. The state court action was dismissed after Plaintiff failed to appear at a hearing and the court granted Defendant’s motion to dismiss. Plaintiff subsequently filed a second lawsuit against Citibank and Citibank filed a motion to dismiss pursuant...
Greenwood v. CompuCredit Corp., 2010 U.S. Dist. LEXIS 17128 (9th Cir. Aug. 17, 2010)
Facts: Defendant CompuCredit marketed a subprime credit card issued by Columbus Bank and Trust (“Columbus”) utilizing direct mail solicitations and the Internet. Promotional materials represented that the card could be used to rebuild credit and improve a consumer’s credit while specifying “no deposit required” and that consumers would immediately receive...
Macpherson v. JP Morgan Chase Bank, N.A., 2010 U.S. Dist. LEXIS 79183 (D. Conn. Aug. 5, 2010)
Facts: Plaintiff maintained a credit card account with the Defendant. In August, 2009, the Plaintiff received notification from Equifax that his credit score had been reduced because the Plaintiff’s credit card account balance had doubled and that he had more than two payments past due. At the time Defendant notified Equifax of this information, it knew that the Plaintiff...
U.S. Bank, N.A. v. Donn K. Butkovic, et al., 2010 Pa. Dist. & Cnty. Dec. LEXIS 143 (Com. Pls. Ct. Al. Cty, Penn. May 7, 2010)
Facts: Plaintiff furnisher of credit information filed a Motion for Summary Judgment on Defendants’ Amended Counterclaim under the FCRA surrounding whether Plaintiff furnisher conducted a reasonable investigation of Defendants’ dispute pursuant to § 1681s-2(b)before Plaintiff responded to Trans Union’s notice of the dispute. Specifically,...
Zimmerman v. Bank of America, 2008 U.S. Dist. LEXIS 117066 (N.D. Miss. July 10, 2008)
Facts: Plaintiff filed suit against Defendant, Bank of America alleging furnisher violations of the FCRA under § 1681s-2(b) regarding the adverse reporting of a Bank of America account as a “charge off”. Plaintiff specifically contends that Bank of America continued to incorrectly report the existence of the account following an investigation. ...
Wickstrom v. Experian, 2010 U.S. Dist. LEXIS 65477 (W.D. Mich., July 1, 2010)
Facts: Plaintiff, proceeding as a pro se litigant, filed suit against Experian alleging a violation of § 1681i of the FCRA for purportedly failing to conduct a reasonable reinvestigation of Plaintiff’s dispute of an American Express (“AMEX”) business credit card account. Plaintiff, individually and through his company, Narconan, had applied for and received an AMEX business...
Morse v. Katz Delicatessen of Houston St., Inc., 2010 U.S. Dist. LEXIS 74059 (M.D. Fla. July 22, 2010)
Facts: Plaintiff filed a class action suit against Katz Delicatessen for allegedly mailing receipts that contained consumers’ credit/debit card expiration dates, in violation of FACTA, § 1681c(g) of the FCRA. Plaintiff placed an order online and Defendant sent the food to Plaintiff’s home. Included in the package was an itemized receipt of Plaintiff’s...
Stillmock v. Weis Mkts., Inc., 2010 U.S. App. LEXIS 13508 (4th Cir. Md. July 1, 2010)
Facts: Appellants, a class of consumers, claimed that Weis Markets violated § 1681c(g) of the FCRAby failing to properly truncate the credit card numbers and expiration dates on receipts. The Appellants had filed a motion for class action certification with the district court. The class was to include Appellants and all other customers of retail stores owned and operated by...
Fiscella v. Intelius, Inc., 2010 U.S. Dist. LEXIS 57918 (E.D. Va., June 10, 2010)
Facts: Plaintiff alleged a violation of § 1681i of the FCRA against Intelius, Inc., a company that runs a website where consumers can obtain public record information. In April 2009, Plaintiff visited Intelius’ website, ran a search using the terms “Edward Fiscella,” and purchased a report called the “people search report.” The report listed various...
Robertson v. Experian Info. Solutions, Inc., 2010 U.S. Dist. LEXIS 39616 (M.D. Pa. April 22, 2010)
Facts: Plaintiff filed suit against Trans Union, LLC (“Trans Union”), Experian Information Solutions, Inc. (“Experian”), and National Recovery Agency, Inc. (“NRA”) for damages she sustained when Trans Union and Experian allegedly distributed inaccurate information about a collection account on her credit report. The collection account allegedly...
Carruthers v. American Honda Finance Corp., 2010 U.S. Dist. LEXIS 67349 (N.D. Fla. June 3, 2010)
Facts: Plaintiff leased an automobile from Defendant. After surrendering the car at the end of the lease term, the Defendant found damage and sent the Plaintiff a bill for the cost of the repair. Plaintiff refused to pay, invoking a specific lease provision dealing with minor damage. While the dispute was ongoing, the Defendant reported the non-payment to a consumer...
Home Care Servs., Inc., et al. v. Advanta Bank Corp., 2010 U.S. Dist. LEXIS 59227 (D. Ariz. June 15, 2010)
Facts: An employee of Home Care Services, Inc. d/b/a LJM Air Conditioning (“LJM”) obtained a credit card from Advanta Bank Corporation (“Advanta”) on behalf of LJM without LJM’s authorization or knowledge. The employee then made numerous fraudulent charges and falsified LJM company records to conceal the activity. Once discovered, an...
Corcoran v. Saxon Mortg. Servs., 2010 U.S .Dist. LEXIS 51040 (D. Mass. May 24, 2010)
Facts: Plaintiff brought suit in state court against Saxon Mortgage Services, Inc. (“Saxon”), his mortgage lender, for various violations of state and federal law, including breach of contract, unjust enrichment, negligence, violation of the Truth in Lending Act, breach of fiduciary duty, predatory lending, fraud and breach of the covenant of good faith and fair dealing. Saxon...
Ehrheart v. Verizon Wireless, 2010 U.S. App. LEXIS 12174 (3d Cir. Pa. June 15, 2010)
Facts: Appellants, a class of consumers, claimed that Verizon violated § 1681c(g) of the FCRAby failing to properly truncate the credit card numbers and expiration dates on receipts. The Parties then participated in court-ordered mediation, starting in January of 2008. During this time, legislation was pending before Congress -- the Credit and debit Card Receipt Clarification Act...
Parent v. Citibank (South Dakota) N.A. and Home Depot, U.S.A., Inc., 2010 U.S. Dist. LEXIS 58371 (E.D. Wis. June 11, 2010)
Facts: Plaintiffs alleged that Defendants either disclosed or threatened to disclose information adversely affecting their reputation for credit worthiness knowing that the information was false in violation of Wisconsin’s Consumer Act. Defendants filed a motion to dismiss this claim based on § 1681t(b)(1)(F) of the FCRA. The Court...
Woodson v. Capital One Auto Finance, Inc., 2010 U.S. Dist. LEXIS 66218 (D. Nev. July 1, 2010)
Facts: Plaintiff brought suit against Defendant Capital One Auto Loans (“Capital One”) for allegedly reporting false and inaccurate information to the CRAs and failing to investigate a disputed claim brought to the CRAs regarding an adverse Capital One account. Specifically, Plaintiff’s automobile financed through Capital One became stolen and the amount...
Kaplan v. Experian et al., 2010 U.S. Dist. LEXIS 60098 (D. Mich. May 26, 2010)
Facts: Plaintiff brought suit against Experian under § 1681i for failing to respond to Plaintiff’s request for investigation within 30 days. Plaintiff sought damages and attorney fees for the alleged negligent violation under § 1681o. Specifically, Experian acknowledged that it was one day late in providing its report to Plaintiff of the results of its reinvestigation. Experian...
Fair Isaac Corp. v. Experian Info. Solutions, Inc., 2010 U.S. Dist. LEXIS 45323 (D. Minn. May 10, 2010)
Facts: Plaintiffs Fair Isaac Corporation and myFICO Consumer Services, Inc. (“Fair Isaac”) asserted claims against multiple defendants including Experian, Trans Union, Vantage Score Solutions, LLC and others for antitrust violations, trademark infringement of its “300-850” trademarks, as well as unfair competition, deceptive trade practices, false advertising,...
Howard v. Pinnacle Credit Servs., LLC., 2010 U.S. Dist. LEXIS 62739 (N.D. Ga. June 24, 2010)
Facts: Plaintiff alleged that Pinnacle Credit Services (“Pinnacle”), a debt collector, failed to properly investigate her dispute in violation of § 1681s-2(b) of the FCRA. Plaintiff’s claims relate to a Bank of America credit card account that was opened by Plaintiff’s daughter. At some point after opening the account, Plaintiff claims that without...
Grove v. Wells Fargo Fin. Cal., Inc., 606 F.3d 577 (9th Cir. 2010)
Facts: Plaintiff sent letters to Defendant disputing Defendant’s reporting that Plaintiff was delinquent on his automobile loan to the consumer reporting agencies (“CRAs”). After Defendant failed to change the reported information, Plaintiff filed suit against Defendant under the FCRA. Just before trial, the parties settled, and Defendant agreed to notify the CRAs to delete the disputed...
Nykoriak v. GMAC LLC, 2010 U.S. Dist. LEXIS 46420 (E.D. Mich. May 12, 2010)
Facts: Plaintiff filed suit against Defendant GMAC LLC (“GMAC”) after GMAC repossessed and sold Plaintiff’s vehicle. Plaintiff alleged that GMAC incorrectly reported the “high balance” Plaintiff owed on the vehicle to the consumer reporting agencies (“CRAs”). Plaintiff filed a motion for summary judgment on his claims, including under §§...
Boatner v. Choicepoint Workplace Solutions, Inc., 2010 U.S. Dist. LEXIS 44264 (D. Or. May 6, 2010)
Facts: Plaintiff’s job offer with Defendant Bowen Property Management (“Bowen”) was rescinded after Bowen received an investigatory consumer report that allegedly contained inaccurate information provided by Defendant ChoicePoint Workplace Solutions, Inc., a LexisNexis company (“Lexis”). Plaintiff sued Bowen and Lexis under...
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