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Can you interpret the FCRA without actually interpreting it?
The FCRA imposes statutory damages for “willful” violations of its terms: the damages are $100 to $1000 per incident. As a result, any number of class actions have been and will be filed that accuse...
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Can you use a credit report without actually using it? Yes.
For many, many years, creditors have used credit reports and credit scores to decide whether and on what terms to make loans to consumers. Consumers with sterling credit reports and high credit scores...
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Does the FCRA require proof of emotional distress at summary judgment? First...
This week I am hoping to begin a series of posts on whether a plaintiff who seeks emotional distress damages in a claim arising under the Fair Credit Reporting Act must present some sort of evidence of...
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Does the FCRA require proof of emotional distress at summary judgment? Second...
This week, we continue our series on how the various federal judicial circuits handle emotional distress claims in FCRA cases – specifically, whether the courts are willing to grant summary judgment to...
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Does the FCRA require proof of emotional distress at summary judgment? Third...
This week contains yet another installment in a series on what sort of evidence federal courts require, when they are asked to award damages to plaintiffs who claim to have suffered emotional distress...
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Does the FCRA require proof of emotional distress at summary judgment? Fourth...
This week’s post contains the latest installment in a series on emotional distress damages under the FCRA. This week, our focus is case law in the Fourth Circuit. The most current cases on emotional...
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Does the FCRA require proof of emotional distress damages at summary...
This week, we look at whether plaintiffs who file FCRA lawsuits in the Fifth Circuit must, to prove that they are entitled to emotional distress damges, provide proof of those damages to overcome a...
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Proof of emotional distress damages for FCRA claims: Sixth Circuit Summary.
The Sixth Circuit set forth a succinct explanation of what a plaintiff must do to prove emotional distress damages for an FCRA violation. In Bach v. First Union Nat’l Bank, 149 Fed. Appx. 354 (6th...
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Proof of emotional distress damages for FCRA claims: Seventh Circuit Summary.
The Seventh Circuit looks at emotional distress claims with a jaundiced eye.* Here’s Judge Posner on emotional distress claims generally: The law has always been wary of claims of emotional distress,...
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Proof of emotional distress and the FCRA: Eighth Circuit summary.
The Eighth Circuit Court of Appeals has not yet taken a firm position on what sort of evidence a plaintiff must show to establish a right to emotional distress damages for an FCRA claim. However, the...
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Proof of emotional distress and the FCRA: Ninth Circuit Summary
This month’s most is the latest in a continuing series on what sort of evidence a plaintiff must have to convince a court that he or she has a credible claim for emotional distress damages due to an...
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Proof of emotional distress and the FCRA: Tenth Circuit summary.
This month, our current series – on how each federal circuit treats proof of emotional distress damages under the FCRA – turns to the Tenth Circuit. The 10th Circuit has made things easy for us, as it...
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Proof of emotional distress and the FCRA: Eleventh Circuit summary.
We’re getting close to the end of our circuit-by-circuit survey of what evidence a plaintiff must have if he wishes to recover emotional distress damages for an FCRA violation. This month’s focus is...
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FCRA and Proof of Emotional Distress: Conclusion
Over the past year, this blog has been doing a series of posts about the FCRA and emotional distress damages. The courts broadly agree that plaintiffs can recover money damages for emotional distress...
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Can you file an FCRA lawsuit even if you haven’t been injured? One court says...
The Ninth Circuit Court of Appeals (which hears appeals from federal trial courts in the far West) recently ruled that a plaintiff who did not allege any actual harm could nevertheless sue an internet...
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No good deed goes unpunished? Recent case suggests this may be true for the...
In recent days, a number of people have called Seamans v. Temple University to my attention and suggested that I blog about it. Rather than disappoint them, here goes. In Seamans, the plaintiff owed...
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New series: on a reseller’s duty under 1681e(b)
One recent trend in FCRA litigation involves claims against one particular type of credit reporting agency: resellers. Per 15 U.S.C. Sec. 1681a(u), a reseller is a consumer reporting agency that: (1)...
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Reseller Liability, Part II
As I explained last month, this blog is doing a series of posts about cases that discuss whether a reseller, whose reports contain inconsistent information from the three credit bureaus about the same...
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Reseller Liability, Part III: motion to dismiss held premature in Dively v....
We continue our series on whether a reseller – a type of consumer reporting agency that obtains information from the credit bureaus and merges it into a single report – can be liable under 15 USC...
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Reseller Liability: Resellers are not exempt from 1681e(b)
This month’s post is the fourth in our series on cases which address whether resellers, who create tri-merge credit reports that contain information from all three credit bureaus, can be liable when...
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