12 Cited authorities

  1. Gorman v. Wolpoff & Abramson, Llp

    584 F.3d 1147 (9th Cir. 2009)   Cited 726 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)
  2. Boggio v. USAA Federal Savings Bank

    696 F.3d 611 (6th Cir. 2012)   Cited 137 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]"
  3. Westra v. Credit Control of Pinellas

    409 F.3d 825 (7th Cir. 2005)   Cited 164 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
  4. In re Torres

    367 B.R. 478 (Bankr. S.D.N.Y. 2007)   Cited 72 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
  5. Krajewski v. American Honda Finance Corp.

    557 F. Supp. 2d 596 (E.D. Pa. 2008)   Cited 44 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
  6. Safeco Ins. Co. of America v. Burr

    551 U.S. 47 (2007)   Cited 1 times   24 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

  7. In re Helmes

    336 B.R. 105 (Bankr. E.D. Va. 2005)   Cited 30 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.”
  8. Van Veen v. Equifax Info.

    844 F. Supp. 2d 599 (E.D. Pa. 2012)   Cited 21 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."
  9. Mortimer v. Bank of Am., N.A.

    Case No.: C-12-01959 JCS (N.D. Cal. Jan. 3, 2013)   Cited 11 times
    Finding that plaintiff's FCRA claim fails because defendant reported accurate information
  10. 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
  11. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,357 times   32 Legal Analyses
    Denying private suits against "furnishers of information" under § 1681s-2
  12. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 1,949 times   36 Legal Analyses
    Authorizing " any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or (B) ... actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater"