12 Cited authorities

Gorman v. Wolpoff & Abramson, Llp
584 F.3d 1147 (9th Cir. 2009) Cited 880 times 3 Legal Analyses
Holding that a consumer has a private right of action against a furnisher of credit information for willful or negligent noncompliance with the requirements in 15 U.S.C. § 1681s-2(b)
Boggio v. USAA Federal Savings Bank
696 F.3d 611 (6th Cir. 2012) Cited 180 times 2 Legal Analyses
Holding that "consumers may step in to enforce their rights only after a furnisher has received proper notice of a dispute from a [credit reporting agency]"
Westra v. Credit Control of Pinellas
409 F.3d 825 (7th Cir. 2005) Cited 197 times
Holding that a furnisher was entitled to summary judgment on § 1681s-2(b) claim because merely verifying that account information was accurate as reported was reasonable, given "scant information" received from the CRA
In re Torres
367 B.R. 478 (Bankr. S.D.N.Y. 2007) Cited 83 times
Holding that movant seeking contempt order must show by clear and convincing evidence that other party had knowledge of discharge and willfully violated it
Krajewski v. American Honda Finance Corp.
557 F. Supp. 2d 596 (E.D. Pa. 2008) Cited 52 times
Holding that furnisher's investigation may not have been reasonable because it failed to investigate all of the detailed allegations in the notice of dispute proffered by the credit reporting agency
Safeco Ins. Co. of America v. Burr
551 U.S. 47 (2007) 10 Legal Analyses
ON WRITS OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Nos. 06-84, 06-100. Argued January 16, 2007. Decided June 4, 2007. Together with No. 06-100, GEICO General Insurance Co. et al. v. Edo, also on certiorari to the same court. The Fair Credit Reporting Act (FCRA) requires notice to a consumer subjected to "adverse action . . . based in whole or in part on any information contained in a consumer [credit] report." 15 U.S.C. § 1681m(a). As applied to insurance companies
Van Veen v. Equifax Info.
844 F. Supp. 2d 599 (E.D. Pa. 2012) Cited 27 times
Holding that " furnisher may be held liable for failing to report a debt as disputed if the Plaintiff has lodged a bona fide dispute."
In re Helmes
336 B.R. 105 (Bankr. E.D. Va. 2005) Cited 35 times 1 Legal Analyses
Holding that furnishers of credit information may be in violation of a bankruptcy discharge injunction unless “a debt discharged in bankruptcy [is] reported to a credit reporting agency with the notation ‘Discharged in bankruptcy’ and with a zero balance due.”
Mortimer v. Bank of Am., N.A.
Case No.: C-12-01959 JCS (N.D. Cal. Jan. 3, 2013) Cited 10 times
Finding that plaintiff's FCRA claim fails because defendant reported accurate information
In re Puller
Case No 05-1881 (Bankr. N.D.W. Va. Jun. 20, 2007) Cited 11 times
Holding that a creditor that intentionally fails to update a credit report, and thereby lies in passive wait to see if the debtor will voluntarily repay the obligation, is engaged in a type of trap hunting that can constitute a violation of the automatic stay or discharge injunction
Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies
15 U.S.C. § 1681s-2 Cited 2,858 times 41 Legal Analyses
Granting enforcement power to state and federal regulators
Section 1681n - Civil liability for willful noncompliance
15 U.S.C. § 1681n Cited 2,302 times 42 Legal Analyses
In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.

Horsch et al v. Wells Fargo Home Mortgage et al

12 Cited authorities

Holding that a consumer has a private right of action against a furnisher of credit information for willful or negligent noncompliance with the requirements in 15 U.S.C. § 1681s-2(b)

Holding that "consumers may step in to enforce their rights only after a furnisher has received proper notice of a dispute from a [credit reporting agency]"

Holding that a furnisher was entitled to summary judgment on § 1681s-2(b) claim because merely verifying that account information was accurate as reported was reasonable, given "scant information" received from the CRA

Holding that movant seeking contempt order must show by clear and convincing evidence that other party had knowledge of discharge and willfully violated it

Holding that furnisher's investigation may not have been reasonable because it failed to investigate all of the detailed allegations in the notice of dispute proffered by the credit reporting agency

Holding that " furnisher may be held liable for failing to report a debt as disputed if the Plaintiff has lodged a bona fide dispute."

Holding that furnishers of credit information may be in violation of a bankruptcy discharge injunction unless “a debt discharged in bankruptcy [is] reported to a credit reporting agency with the notation ‘Discharged in bankruptcy’ and with a zero balance due.”

Finding that plaintiff's FCRA claim fails because defendant reported accurate information

Holding that a creditor that intentionally fails to update a credit report, and thereby lies in passive wait to see if the debtor will voluntarily repay the obligation, is engaged in a type of trap hunting that can constitute a violation of the automatic stay or discharge injunction

Granting enforcement power to state and federal regulators

In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.