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Financial institutions, credit furnishers, debt collectors, and other businesses reporting consumer information to credit reporting agencies should take note that the Eleventh Circuit...
In the years following the Supreme Court's decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) — which held that "bare procedural violation[s], divorced from any concrete harm, [do not] satisfy the injury-in-fact requirement of Article III" — district courts have had to grapple with the question of standing under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, et seq., and in particular, what injuries resulting from an alleged violation of FCRA are sufficiently concrete to invoke Article III standing. This blog post discusses claims arising under Section 1681b(b)(1)...
In the years following the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) — which held that “bare procedural violation[s], divorced from any concrete harm, [do not] satisfy the injury-in-fact requirement of Article III” — district courts have had to grapple with the question of standing under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, et seq., and in particular, what injuries resulting from an alleged violation of FCRA are sufficiently concrete to invoke Article III standing. This blog post discusses claims arising under Section 1681...
To embed, copy and paste the code into your website or blog: On January 27, 2021, the United States District Court for the Southern District of California granted in part and denied in part cross-motions for summary judgment by the plaintiff and the defendant in Andres Romero (“Plaintiff”) v. Monterey Financial Services, LLC (“Monterey”), et al., a Fair Credit Reporting Act (“FCRA”), California Consumer Credit Reporting Agencies Act and Fair Debt Collection Practices Act case involving allegations of identity theft. Romero v. Monterey Fin. Servs., LLC, No. 19CV1781 JM (KSC), ...
Advertisement Failure to Conduct a Thorough Investigation Was Not Willful Disregard of Furnisher’s Duty to Conduct Reasonable Investigation Monday, February 8, 2021 On January 27, 2021, the United States District Court for the Southern District of California granted in part and denied in part cross-motions for summary judgment by the plaintiff and the defendant in Andres Romero (“Plaintiff”) v. Monterey Financial Services, LLC (“Monterey”), et al., a Fair Credit Reporting Act (“FCRA”), California Consumer Credit Reporting Agencies Act and Fair Debt Collection Practic...