http://www.morelaw.com Fair Credit Reporting Act Law - MoreLaw.com en-us © Copyright 2008, MoreLaw.com Inc All Rights Reserved. Recent Cases kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=03-03-00374-CV&s=&d=41954 The issue in this interlocutory appeal is whether the class action filed by the attorney general in this case was properly certified. Under former article 21.21, section 17 of the insurance code, the Department of Insurance (the "Department") may ask the attorney general to institute a class-action lawsuit to recover from an insurer damages for injuries done to the insurance-buying public. See for Mon, 9 Nov 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-3665&s=pa&d=41628 Bruce Gelman appeals the district courts Rule 12(b)(6) dismissal of the claims he filed under the Fair Credit Reporting Act that arose from an allegedly improper disclosure of his credit report and a subsequent mailer from an insurance company that arose from that disclosure. For the reasons that follow, we will affirm the district court.I. FACTUAL BACKGROUND1On or about November 18, 2004, Stat Sat, 10 Oct 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-35191&s=ID&d=40903 Camarie Mangum appeals the district courts determination that her action against Bonneville Billing & Collections, Inc. (Bonneville), under the Fair Debt Collection Practices Act (FDCPA)1, was barred by the statute of limitations2 and that the discovery rule doctrine could not apply as a matter of law. That led to a grant of summary judgment3 against her.4 Mangum also appeals the di Tue, 4 Aug 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-2007&s=PA&d=40428 We face an issue of first impression for this courtwhether the discovery rule or the injury rule governs the accrual of claims under the Copyright Act, which has a threeyear statute of limitations for civil actions, 17 U.S.C. 507(b).Under the injury rule, a claim accrues, and the statute of limitations begins to run, when the plaintiff suffers a legally cognizable injury. Therefore, if the Fri, 5 Jun 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-13510&s=AL&d=39611 In this case we consider the constitutionality of the statutory-damages provision found in 616(a)(1)(A) of the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, et seq. The district court, finding that the statutory-damages provision is unconstitutionally vague and excessive, dismissed the complaints with prejudice. For the reasons stated below, we vacate the rulings of the district co Thu, 9 Apr 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-5063&s=OK&d=39422 Appellants Larry and Lennelle Pinson brought this action under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681 - 1681x, against Appellees Equifax Credit Information Services, LLC; CSC Credit Services; Experian Information Solutions, Inc.; Trans Union, LLC, (collectively, consumer reporting agencies or CRAs); Capital One Services, Inc.; Capital One Bank FSB (collectively, C Tue, 10 Mar 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-16171&s=CA&d=39151 Union Security Life Insurance Company (USLIC)appeals a decision of the district court denying its motion tocompel arbitration in its dispute with Jasviro Mundi, thewidow of Decedent Harnam S. Mundi. USLIC issued a lifeinsurance policy to cover a loan taken out by Decedent. Thelife insurance policy did not contain an arbitration agreement;however, the loan agreement, to which USLIC was Wed, 11 Feb 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=08-10416&s=GA&d=38768 This appeal presents the issue whether a consumer reporting agency willfully violated the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq, when the agency sold a consumer report to a creditor for account review after the consumer had closed his account with that creditor. Experian Information Systems, Inc., sold Stephen G. Levines consumer report to a credit card issuer, Alliance Da Mon, 12 Jan 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-17226&s=CA&d=38704 John Gorman tried to buy a satellite television system using his credit card, issued by MBNA America Bank. He was unsatisfied with the system purchased, and lodged a challenge with MBNA to dispute the charge. Unhappy with MBNAs response, Gorman instituted this lawsuit against MBNA, alleging violations of the Fair Credit Reporting Act, 15 U.S.C. 1681-1681x, libel, and violations of Cal. Civ Mon, 12 Jan 2009 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-35417&s=CA&d=38561 The General Store appeals the district courts grant of summary judgment upholding the revocation of The General Stores federal firearms dealer license for willful violations of federal and state firearms laws. This appeal gives us occasion, following the Supreme Courts decision in Safeco Insurance Company of America v. Burr, 551 U.S. __, 127 S. Ct. 2201 (2007), to consider the definition Wed, 31 Dec 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=A120277&s=CA&d=38568 Plaintiff and appellant Rebecca Liceaga, apparently the victim of identity theft, filed a complaint against Debt Recovery Solutions, LLC, a collection agency, for damages that she claims were caused when it furnished to a consumer credit reporting agency information about her which it knew or should have known was inaccurate. The complaint alleged a violation of Californias Consumer Credit Repo Mon, 29 Dec 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=05-17163&s=CA&d=37095 This case comes before us for the second time. See Am. Bankers Assn v. Gould, 412 F.3d 1081 (9th Cir. 2005). In 2003, the California State Legislature enacted the California Financial Information Privacy Act (SB1), Cal. Fin. Code 4050-4060, for financial institutions to provide their consumers notice and meaningful choice about how consumers nonpublic personal information is sh Fri, 5 Sep 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-1430&s=CO&d=36975 The plaintiffs, Shane Paul, Steven Bussone, Dale Stewart, Kenneth Hinzman, and William Meck,1 are individual truck drivers. They brought suit contending the defendant, USIS Commercial Services, Inc., violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681x, in its procurement and dissemination of their employment histories. They claimed that USIS failed to comply with FCRAs noti Fri, 22 Aug 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-2988&s=MO&d=36488 In these consolidated appeals, arising under the Fair Credit Reporting Act(FCRA), 15 U.S.C. 1681 et. seq., Clayton R. Poehl and Diane C. Ludditt-Poehlappeal from adverse judgments on the pleadings granted by two district court judgesin favor of Countrywide Home Loans, Inc.1 and Capital One Auto Finance, Inc.2Appellants Poehl and Ludditt-Poehl claim that their credit reports were acce Fri, 20 Jun 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-2477&s=IL&d=35984 We have grouped for decisionthree appeals under the Fair Credit Reporting Actpresenting issues that have arisen in numerous suitsthroughout the circuit. Each of the appeals presents atleast two issues, several of which recur in multiple appeals.We therefore organize the opinion around these issuesrather than the facts of the cases, which we use to illustratethe problems.1. Must a Thu, 17 Apr 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-2354&s=MA&d=35731 This putative class action challenges the legality, under the Fair Credit Reporting Act ("FCRA" or "the Act"), 15 U.S.C. 1681 et seq., of an unsolicited letter to a consumer about the offering of credit for a home loan. Defendant Greenwood Credit Union sent the letter to plaintiff, Anthony Sullivan, and others based on a list of individuals meeting certain minimal credit requirements that Greenw Wed, 19 Mar 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=07-1529&s=IA&d=35522 Plaintiff debtors brought claims against a lender and a credit reporting agencyunder the federal Fair Credit Reporting Act ("the Act"), 15 U.S.C. 1681 et seq., theIowa Debt Collection Practices Act, Iowa Code 537.7101 et seq., and Iowa'scommon law of defamation. The district court1 granted summary judgment in favorof the defendants, and we affirm.Plaintiff Richard Dowell, a physici Thu, 28 Feb 2008 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=274151&s=MI&d=34624 Plaintiff appeals as of right from an order granting summary disposition to defendants ArtVan Furniture (Art Van) and HSBC Retail Services USA, Inc. (HSBC), under MCR 2.116(C)(8)and (C)(10). HSBC cross appeals from the circuit court's denial of its motion for case evaluationsanctions. We affirm in the principal appeal, and in the cross appeal we remand for proceedingsconsistent with this o Sun, 16 Dec 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=06-4337&s=WI&d=34208 Mary Forrest filed suit on behalfof herself and a putative class against Universal SavingsBank, N.A. ("Universal") asserting that Universal hadviolated the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. 1681 et seq., by obtaining her credit information for animpermissible purpose. The parties consented to proceedbefore a magistrate judge, and Universal then filed amotion to dismiss. Sat, 27 Oct 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=830&s=DC&d=33648 Seagate Technology, LLC ("Seagate") petitions for a writ of mandamus directing the United States District Court for the Southern District of New York to vacate its orders compelling disclosure of materials and testimony that Seagate claims is covered by the attorney-client privilege and work product protection. We ordered en banc review, and now grant the petition. We overrule Underwater Devices Wed, 22 Aug 2007 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=1:04-cv-01384-REB-CBS&s=CO&d=31951 The Owner-Operator Independent Drivers Association, et al. sued USIS Commercial Services, formerly known as DAC Services, for violating the Fair Credit Reporting Act requirements in failing to follow reasonable procedures to ensure maximum accuracy in collecting employment history information from trucking companies for use by other trucking companies to use in deciding whether to hire drivers. Sat, 16 Sep 2006 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=04-16428&s=GA&d=31063 In this case, we must decide whether Steven Levine is entitled to offerevidence in support of his claim that Experian Information Solutions, Inc.,("Experian"), a consumer reporting agency, violated the Fair Credit Reporting Act("FCRA"), 15 U.S.C. 1681 et seq. On appeal, Levine challenges the districtcourt's order, which granted Experian's motion to dismiss his complaint for failureto s Thu, 2 Feb 2006 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=03-35695&s=OR&d=30633 UnknownUnder the Fair Credit Reporting Act ("FCRA"), insurancecompanies are required to send adverse action notices to consumerswhenever they increase the rates for insurance on thebasis of information contained in consumer credit reports. 15U.S.C. 1681a(k)(1)(B)(i), 1681m(a).1 The principal questionbefore us is straightforward: Does FCRA's adverse actionnotice requirement apply to Tue, 4 Oct 2005 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=04-15679&s=GA&d=30568 This appeal by an employee who sued her former employer presents threeissues. The first issue is a jurisdictional question of first impression in our circuit:whether an order compelling arbitration and dismissing a complaint, but retainingjurisdiction over a motion for sanctions, is a final and appealable decision.Because the dismissal disposes of the entire case on the merits and the moti Thu, 22 Sep 2005 00:00:00 CST kent@morelaw.com (Kent Morlan) http://www.morelaw.com/verdicts/case.asp?n=G033775&s=CA&d=29655 Defendant Home Depot USA, Inc. appeals from an order denying itsmotions to set aside a default and the resulting default judgment in favor of plaintiff AlanR. Sporn. We agree with the trial court that the motion for relief from default wasuntimely and affirm the order. We deny plaintiff's motion to dismiss the appeal andgrant his motion for sanctions.FACTS AND PROCEDURAL HISTORYPlain Fri, 18 Feb 2005 00:00:00 CST