Cousin v. Trans Union Corp.

23 Citing briefs

  1. Collins v. Equable Ascent Financial, LLC et al

    MOTION for Summary Judgment

    Filed July 20, 2012

    Mr. Collins has no evidence showing he suffered any harm due to Experian’s alleged defective investigation summary. Finally, Mr. Collins claims that the investigation summary Experian provided was insufficient, because he was unable to learn the outcome of the 131 See Cousin, 246 F.3d at 369-70 (5th Cir.) (reversing a district court’s award of damages when insufficient evidence was presented to show a Trans Union report caused a credit denial); Wantz, 386 F.3d at 834 (7th Cir.) (affirming that the plaintiff must show Experian provided a consumer report to recover emotional distress damages on his reinvestigation claim); Casella, 56 F.3d at 475 (2d Cir.) (affirming a district court’s holding because “we do not believe a plaintiff can recover for pain and suffering when he has failed to show that any creditor or other person ever learned of the derogatory information from a credit reporting agency.”); Thomas, 214 F. Supp. 2d at 1236 n.9, 1237 (M.D. Ala.) (holding that without showing a report was issued to a third party, a plaintiff cannot recover under with FCRA provision for emotional distress).

  2. Cameron v. Greater New Orleans Federal Credit Union

    MOTION for Summary Judgment

    Filed May 31, 2017

    Case 2:16-cv-08514-JTM-KWR Document 53-1 Filed 05/31/17 Page 16 of 19 - 13 - committed an act in conscious disregard for the rights of others,” such as through concealment or misrepresentation. See Cousin v. Trans Union, 246 F.3d 359, 369 n.15 (5th Cir. 2001). E. Because Plaintiff has failed to establish he suffered cognizable damages as a result of any alleged misconduct by Experian, his negligence claims must be dismissed.

  3. Cameron v. Greater New Orleans Federal Credit Union

    MOTION for Summary Judgment

    Filed May 26, 2017

    Such statements are insufficient to support an emotional damages award. See Cousin, 246 F.3d at 371 (holding that FCRA plaintiff’s assertions that he was “[v]ery upset,” “angry,” and “felt ... like being trapped” were insufficient for emotional damages award); Bacharach v. Suntrust Mortg., Inc., No. 14-962, 2015 U.S. Dist. LEXIS 144193, at *13 (E.D. La. Oct. 23, 2015) (holding that FCRA plaintiff’s assertion that she “lost about a year and a half of [her] life fighting SunTrust . . . the all-consuming part of [her] life, to the detriment of everything 17 See Defendant Experian’s Response to Plaintiff’s First Set of Interrogatories, Resp. No. 3, Ex.

  4. Orlando Sanchez v. Experian Infomation Solutions Inc.

    NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to liability against Defendant Corelogic Credco, LLC for violations of 15 U.S.C. 1681e

    Filed March 23, 2017

    See also, Price v. Trans Union, LLC, 737 F. Sup. 2d 281, 283 (East. Dist. Pa. 2010) (there can be no defense of “accurate information” when the credit report mixed the credit histories with another individual of the same name); Rothery v. Trans Union, LLC, 2006 WL 1720498, at *2, *7 (Dist. Or. April 6, 2006) (prima facie case of inaccuracy under 1681e(b) is met where most of the disputed accounts were of someone else); Stevenson v. TRW, Inc., 987 F.2d 288, 291 (5th Cir. 1993) (inaccuracy existed when the accounts appeared to belong to the plaintiff’s estranged son who had a similar name); Cousin v. Trans Union, 246 F.3d 359, 363 (5th Cir. 2001) (inaccuracies existed when the plaintiff’s brother fraudulently used the plaintiff’s information). As a result, it is clear that a credit item should not be placed upon a particular consumer’s report unless the reporting agency can confirm that the item relates to that consumer.

  5. Rodriguez v. Experian Information Solutions Inc et al

    MOTION for Summary Judgment

    Filed March 16, 2017

    Id. citing Cousin v. Trans Union Corp., 246 F.3d 359, 371 (5th Cir. 2001). Plaintiff has no evidence that he sought a healthcare provider for any emotional distress arising from his privacy rights being allegedly violated.

  6. Richard Ichihara v. Chase Bank, USA NA et al

    NOTICE OF MOTION AND MOTION to Dismiss Case

    Filed January 13, 2017

    A “plaintiff must support a claim for damages based on emotional distress with something more than his or her own conclusory allegations.” Myers v. Bennett Law Offices, 238 F. Supp. 2d 1196, 1206 (D. Nev. 2002) (citing to Cousin v. Trans Union Corp., 246 F.3d 359, 371 (5th Cir. 2001)). Case 2:16-cv-07251-JAK-JC Document 15 Filed 01/13/17 Page 14 of 20 Page ID #:144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 8 - NOTICE OF MOTION AND MOTION OF CHASE BANK USA N.A. TO DISMISS COMPLAINT Case No. 2:16-cv-07251-JAK-JC LA 52031971 S T R O O C K & S T R O O C K & L A V A N L L P 20 29 C en tu ry P ar k E as t Lo s A ng el es , C al ifo rn ia 9 00 67 -3 08 6 Plaintiff fails to adequately allege actual damages.

  7. Bell v. Wells Fargo Bank, N.A. et al

    Brief/Memorandum in Support

    Filed September 12, 2016

    To prove malice, a plaintiff must show that when the Defendant published the words he – “1) either knew they were false, or 2) published them in reckless disregard of whether they were true or not.” Cousin v. Trans Union Corp., 246 F.3d 359, 375 (5th Cir. 2001). Because Plaintiff’s allegations in the Amended Complaint do neither, Plaintiff cannot establish that Defendant PRIMELENDING acted with malice.

  8. Brim v. Dell Financial Services, LLC et al

    MOTION for Judgment as a Matter of Law or, Alternatively, That the Judgment Be Vacated

    Filed March 28, 2011

    (“To the extent [plaintiff] seeks damages for mental stress and emotional distress, she has failed to demonstrate that she suffered any actual injury (credit denial) caused by [defendant], a requisite to recovery of such damages.”) (citing Riley v. Equifax Credit Info. Servs., 194 F. Supp. 2d 1239, 1248 (S.D. Ala. 2002) (providing that the plaintiff’s claim of damages for being upset at credit denials failed where the plaintiff provided no evidence he was denied credit based on a Trans Union report)); see also Cousin v. Trans Union Corp., 246 F.3d 359, 371 (5th Cir. 2001) (noting that an FCRA plaintiff must show proof of actual injury for damages to be awarded for mental or emotional distress). Because, as already explained, plaintiff proved no cognizable credit injury, his emotional-distress allegations are of no avail. Case 5:10-cv-00369-IPJ Document 79 Filed 03/28/11

  9. Zean v. U.S. Bancorp et al

    MEMORANDUM in Opposition re MOTION for Summary Judgment

    Filed July 7, 2009

    A consumer may also be awarded damages related to the difficulty in fixing his credit history regardless of whether the erroneous information was published to a third party, when a “party experiences a significant frustration and anxiety brought on by failed attempts to have the errors corrected.” McKeown, 335 F.Supp.2d at 933, citing Cousin, 246 F.3d at 369. B. Plaintiff Has Produced Sufficient Evidence Of Actual Damages.

  10. Drew v. Equifax Information Services, LLC et al

    MOTION for Summary Judgment

    Filed May 23, 2008

    Anger at inaccurate items appearing on a credit report is too vague to constitute actual damages under the FCRA. Cousin v. Trans Case3:07-cv-00726-SI Document165 Filed05/23/08 Page28 of 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 23 - EXPERIAN’S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT CASE NO. C 07-00726 SI Union Corp., 246 F.3d 359, 371 (5th Cir. 2001). Moreover, “unsupported self-serving testimony by a plaintiff is not sufficient” to establish emotional distress under the FCRA.