| Fair Credit Reporting Act Law |
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Catherine Taylor v. Tenant Tracker, Inc.
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Catherine Taylor (âTaylorâ) sued Tenant Tracker, Inc. (âTenant Trackerâ), alleging that Tenant Tracker failed to adopt reasonable procedures to ensure maximum possible accuracy of its credit reporting, in violation of the Fair Credit Reporting Act (âFCRAâ). 15 U.S.C. § 1681 et seq. The district court1 granted summary judgment in favor of Tenant Tracker, and we affirm.
I. More... $0 (03-28-2013 - AR)
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Glen Llewellyn v. Allstate Home Loans, Inc. d/b/a Allstate Funding
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Plaintiff Glen Llewellyn filed this action asserting a Fair Debt Collection Practices Act claim, a Fair Credit Reporting Act claim, and a state law outrageous conduct claim against Ocwen Loan Servicing LLC and Nomura Credit and Capital, Inc. (together, the âOcwen Defendantsâ) based on their alleged credit reporting inaccuracies, and asserting an FDCPA and an outrageous conduct claim against Ca... More... $0 (03-28-2013 - CO)
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Stuart L. Longman v. Wachovia Bank, N.A.
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Plaintiff-appellant Stuart L. Longman appeals from a judgment of the United States District Court for the District of Connecticut (Hall, J.) entered September 20, 2011, in favor of defendant-appellee Wachovia Bank, N.A., n/k/a Wachovia Bank, A Division of Wells Fargo Bank ("Wachovia"). The district court, in a ruling filed September 16, 2011, granted Wachovia's motion for summary judgment and dism... More... $0 (12-21-2012 - NY)
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Marie Ann Fuges v. Southwest Financial Services, Ltd.
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Marie Ann Fuges appeals from an order of the United States District Court for the Eastern District of Pennsylvania entering summary judgment in favor of Southwest Financial Services, Ltd. (âSouthwestâ) with respect to Fugesâs claim that Southwest willfully violated the Fair Credit Reporting Act (âFCRAâ), 15 U.S.C. §§ 1681-1681x. Fuges claims that Southwest willfully violated FCRA when ... More... $0 (12-12-2012 - ME)
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Frank Boggio v. USAA Federal Savings Bank
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Plaintiff-Appellant Frank Boggio (âBoggioâ) appeals a grant of summary judgment, contending that a reasonable jury could find that Defendant-Appellee USAA Federal Savings Bank (âUSAAâ) violated the Fair Credit Reporting Act (âFCRAâ) because it failed to investigate adequately and to respond accurately to notices, sent to it by various consumer reporting agencies (âCRAsâ), about a d... More... $0 (09-28-2012 - OH)
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Eric Robert Drew v. Equifax Information Services, LLC
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This case lends credence to the old adage that bad things come in threes. Eric Drew is a cancer survivor, who required experimental leukemia treatment. During his treatment, Drewâs identity was stolen by a hospital worker. Finally, when Drew attempted to remedy the identity theft, the banks and credit rating agencies were allegedly uncooperative, and continued to report the fraudulently opened a... More... $0 (08-07-2012 - CA)
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Scott Sanders v. Mountain America Federal Credit Union
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For certain mortgage loans covered by the Truth-in-Lending Act (TILA), a timely written notice of rescission triggers the creditorâs duty to release its security interest and refund any finance charges. Once the creditor satisfies this duty, the borrower must return the loan proceeds. Although we have not spoken authoritatively on the issue, several circuits allow district courts to equitably co... More... $0 (07-30-2012 - )
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Consumer Data Industry Association v. Gary K. King
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New Mexico enacted a law making it easier for victims of identity theft to expunge negative information from their credit reports. Before the law took effect, the Consumer Data Industry Association (âCDIAâ), a trade group comprised of hundreds of consumer-data companies, brought a pre-enforcement challenge contending the law is preempted by the federal Fair Credit Reporting Act (âFCRAâ). T... More... $0 (05-07-2012 - NM)
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Helen C. Griggs v. Luke Evans
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Helen C. Griggs and her late husband, Victor G. Griggs, refinanced the mortgage on their home with Beneficial Mortgage Company of Maryland. One of the mortgage instruments the Griggses executed, when they met with representatives of Beneficial Mortgage to obtain the refinancing, contained an arbitration rider, providing that disputes âarising from or relatingâ to their agreement with Beneficia... More... $0 (05-02-2012 - MD)
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Amir Peleg v. Neiman Marcus Group, Inc.
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Under the Federal Arbitration Act (FAA) (9 U.S.C. §§ 1â16), âarbitration is a matter of contract.â (Steelworkers v. Warrior & Gulf Co. (1960) 363 U.S. 574, 582 [80 S.Ct. 1347]; accord, 9 U.S.C. § 2.) An arbitration contract typically consists of the partiesâ mutual promises to arbitrate their claims against each other.
In this employment case, an employer and its at-will employee... More... $0 (04-17-2012 - CA)
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Discovery Bank v. Joy A. Morgan
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This case began when Discover Bank (âDiscoverâ) filed an action against Joy A. Morgan (âMorganâ) on March 23, 2006. In its complaint, Discover alleged that Morgan owed $16,341.52 in principal on a credit card issued by Discover, and that Morgan breached the cardmember agreement by failing to meet its payment terms. Accordingly, Discover sought a judgment for the principal and interest due,... More... $0 (03-27-2012 - TN)
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Randall Long v. Tommy Hilfiger U.S.A.
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The Fair and Accurate Credit Transactions Act (âFACTAâ) provides, in relevant part, that merchants who accept credit or debit cards shall not print âthe expiration dateâ of the cards upon any receipt provided to the cardholder at the point of the sale. The question in this case is whether a retailer willfully violates that statute by printing the expiration month, but not the year, of the... More... $0 (01-25-2012 - )
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Rick Standridge v. CitiCorp Mortgage, Inc.
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Rick Standridge and Ivy Standridge sued CitiCorp Mortgage, Inc. on a Fair Credit Reporting Act violation theory.... More... $0 (01-18-2012 - NM)
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Olivea Marx v. General Revenue Corporation
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Plaintiff-Appellant Olivea Marx appeals from the district court's judgment in favor of Defendant-Appellee General Revenue Corporation (âGRCâ). After a bench trial, the district court found no violation of the Fair Debt Collection Practices Act (âFDCPAâ) and awarded costs to GRC in the amount of $4,543. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Background
Ms... More... $0 (12-21-2011 - CO)
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Meril Curtis v. Citibank, South Dakota, N.A.
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¶1 Meril Curtis (Curtis) appeals from an order of the Fourth Judicial District Court, Missoula County, finding in favor of Citibank, South Dakota, N.A. (Citibank) on Citibankâs Motion for Judgment on the Pleadings. We reverse and remand.
¶2 Curtis argues several issues, which we reframe as follows: Did the District Court err in determining that Curtisâ state law claims were preempted ... More... $0 (10-04-2011 - MT)
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Kristine P. Purcell v. Bank of America
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According to a complaint filed in state court, Bank of America told credit agencies that Kristine Purcell is behind in payments on a loan, even though the Bank knows that she isnât. If Purcellâs allegations are correct, then the Bank has violated the Fair Credit Reporting Act, 15 U.S.C. §1681sâ2(a), and perhaps state law too. The Bank removed the suit to federal court and moved for judgment... More... $0 (10-03-2011 - IN)
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David Snow v. Fort Motor Company
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While passing through an intersection at roughly 30 miles per hour, a 1993 Ford Explorer was struck by another car near the left rear wheel. The Explorer rolled over; David Show, the driver, and Maria Federici, a passenger, were injured. They sued in state court, contending that the Explorer was defective because its design rendered it unstable.
The suit was removed under the diversity juri... More... $0 (09-19-2011 - IL)
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Stephen F. Fryer v. A.S.A.P. Fire & Safety Corporation
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A.S.A.P. Fire & Safety Corporation and its owners Joseph Sheedy and Brian Cote (collectively "A.S.A.P."), appeal from a district court judgment. Fryer v. A.S.A.P. Fire & Safety Corp., No. 1:09-CV-10178 (D. Mass. Jan. 25, 2010) (Final Judgment). The district court awarded damages against A.S.A.P. for violating the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4311 et seq... More... $0 (09-09-2011 - MA)
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Michele M. Simmsparris v. Countrywide Financial Corp.
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Michele SimmsParris brought this action under the Fair Credit Reporting Act (âFCRAâ), 15 U.S.C. §§ 1681â1681x, to recover for the reporting of what she asserts was false information about her mortgage repayments. The United States District Court for the District of New Jersey, determining that SimmsParris had not properly presented her claim as required by the FCRA, granted summary judgmen... More... $0 (07-28-2011 - NJ)
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Kim Rivera v. American General Financial Services, Inc.
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{1} We granted certiorari in this case to review a Court of Appeals opinion upholding a district courtâs order compelling arbitration of Petitioner Kim Riveraâs claims against a title loan lender, American General Financial Services, Inc., and its affiliated insurance agency, American Security Insurance Company. We base our reversal of those decisions on our holding that the arbitration provis... More... $0 (07-27-2011 - NM)
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Robert A. Brown v. Stewart Mortensen
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In this case we address the remedies available to a patient when a debt collector, acting on behalf of a medical professional, is asserted to have illegally disclosed confidential patient medical information to various consumer reporting agencies in the course of a dispute over an alleged medical debt. Individuals, as patients, have a substantial interest in the privacy of their medical informatio... More... $0 (06-21-2011 - )
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Guideone America Insurance Co., Inc. v. Shore Insurance Agency, Inc.
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¶1 GuideOne America Insurance Company, Inc., (GuideOne) appeals from the trial court's order granting summary judgment in favor of Shore Insurance Agency, Inc. (Agency).1 This appeal is governed by Supreme Court Rule 1.36, 12 O.S. Supp. 2010, ch. 15, app. 1 and proceeds without appellate briefing. Having reviewed the record and pertinent law, we affirm the trial court's judgment.
FACTS AND... More... $0 (06-07-2011 - OK)
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Hector L. Huertas v. Galaxy Asset Management
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Hector Huertas appeals pro se from the District Courtâs dismissal of his claims against Asset Management Professionals (âAMPâ) and Applied Card Bank f/k/a Cross Country Bank (âACBâ).1 For the following reasons, we will affirm.
I.
In addition to AMP and ACB, Huertas brought this lawsuit against four other defendants â Galaxy Asset Management f/k/a Galaxy Asset purchasing (... More... $0 (04-11-2011 - NJ)
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Hector L. Huertas v. Galaxy Asset Management
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Hector Huertas appeals pro se from the District Courtâs dismissal of his claims against Asset Management Professionals (âAMPâ) and Applied Card Bank f/k/a Cross Country Bank (âACBâ).1 For the following reasons, we will affirm.
I.
In addition to AMP and ACB, Huertas brought this lawsuit against four other defendants â Galaxy Asset Management f/k/a Galaxy Asset purchasing (... More... $0 (04-11-2011 - NJ)
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Samuel N. Edeh v. Midland Credit Management, Inc.
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Samuel N. Edeh appeals the district courtâs1 adverse grant of summary judgment on his claim against Midland Credit Management, Inc. (Midland) under the Fair Credit Reporting Act. See 15 U.S.C. § 1681s-2(b) (duties of furnishers of information to credit reporting agency (CRA) upon notice from CRA of dispute over completeness or accuracy of information).2 Having carefully reviewed the record, we ... More... $0 (03-17-2011 - MN)
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