Joining the Ninth Circuit on one side of a post-Spokeo circuit split, the Eighth Circuit recently held a plaintiff lacked standing to pursue her Fair Credit Reporting Act (FCRA) claims when she conceded her consumer report was accurate and alleged no concrete harm from three technical FCRA violations.
On April 4, in Schumacher v.
The Ninth Circuit recently affirmed a Central District of California decision, denying a motion to remand and granting a motion to dismiss in Tailford, No. 20-56344, 2022 U.S. App. LEXIS 5357, at *11-12 (9th Cir. Mar. 1, 2022). Plaintiffs Theresa Tailford, Sanford Buckles, and Jeffrey Ruderman sued a national credit bureau for FCRA violations,
On March 18, the District Court for the Southern District of Texas entered an injunction against a credit repair organization, Turbo Solutions, Inc. d/b/a Alex Miller Credit Repair, and its owner Alex Miller for alleged violations of the FTC Act, Credit Repair Organizations Act (CROA), and the FTC’s Telemarketing Sales Rule (TSR). The complaint against
On March 18, the three nationwide consumer reporting agencies — Equifax, Experian, and TransUnion (NCRAs) — announced plans to change how medical debt will be reported on credit reports. The joint measures will result in the removal of nearly 70% of medical collection debt records from credit reports.
The announcement included the following three major
Last June, the Supreme Court issued a noteworthy decision in the TransUnion v. Ramirez case, holding that the vast majority of an 8,000-plus member Fair Credit Reporting Act (FCRA) class lacked standing because they had not suffered a concrete injury. TransUnion LLC v. Ramirez, 141 S. Ct. 2190 (2021). On February 3, after returning
*Garrett Kelly is not licensed to practice law in any jurisdiction; his bar application is pending in Virginia.
On March 1, the Consumer Financial Protection Bureau (CFPB) released its “Medical Debt Burden in the United States” report, which questions whether consumer credit reports should include unpaid medical billing data.
According to the
In late January, the Consumer Financial Protection Bureau (CFPB) released its 2022 “List of Consumer Reporting Companies.” This list purports to give consumers “the details [they] need to take action” against companies that collect consumer information and prepare consumer reports. According to the CFPB’s accompanying press release, the list is intended to
The filing lawsuits under the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and the Telephone Consumer Protection Act (TCPA) increased dramatically in the first month of 2022 when compared to the number of filings in January and December 2021, per a report released recently by Web Recon LLC. The number
In December 2021, a federal judge granted a motion for summary judgment in Mitchell v. Specialized Loan Servicing LLC, holding that defendant Specialized Loan Servicing LLC (Specialized Loan) properly reported plaintiff Eric Mitchell’s (Mitchell) loan status by using a designation indicating “no payment history available this month.” The court held that this designation complied
On January 26, a federal judge granted plaintiff Maria Garcia’s (Garcia) motion to remand on the basis that the amount in controversy was below the required threshold. The order was based on the court’s interpretation of the California Investigative Consumer Reporting Act’s (ICRAA) statutory damages scheme and its finding that the statute allows for one