Fair Credit Reporting Act Law - MoreLaw.com
Fair Credit Reporting Act Law - MoreLaw.com

• American Bankers Association, et al. v. Bill Lockyer, Attorney General; John Garamendi
  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
• Owner-Operatory Independent Driver's Association, Inc., et al. v. USIS Commercial Services, Inc., d/
  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
• Clayton Poehl v. Countrywide Home Loans
  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
• Thomas Murray v. New Cingular Wireless Services, Inc.
  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
• Anthony Sullivan v. Creenwood Credit Union
  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
• Richard Dowell; Julie Dowell v. Wells Fargo Bank, N.A., Trans Union, L.L.C.
  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
• Joseph Ozormoor v. HSBC Retail Services USA, Inc. and Art Van Furniture
  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
• Mary Forrest v. Universal Savings Bank, F.A.
  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.
• In Re Seagate Technogly, LLC
  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
• Owner-Operator Independent Drivers Association, et al. v. USIS Commercial Services
  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.
• Stephen G. Levine v. World Financial Network National Bank, Structure, Inc., Experian Information So
  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
• Jason Ray Reynolds, et al. v. Harford Financial Services Group, Inc., et al.
  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
• Krista Jackson v. Cintas Corporation and Randy Hatfield
  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
• Alan R. Sporn v. Home Depot USA, Inc.
  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
• United States of America v. Jeffrey Lee Parsons
  The United States of America charged Jeffrey Lee Parson with Intentionally Causing and Attempting to Cause Damage to a Protected Computer under 18 U.S. C. 1030(a)(5)(A)(i), 1030(a)(5)(B)(i), 1030(b), and 1030(c)(4)(A) & 2 which provides:(a) Whoever-- (1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct hav
• Matt Kirkpatrick v. Equifax Information Services, LLC et al.
  Matt Kirkpatrick sued Equifax Information Services, a subsidiary of Equifax Inc., under the Fair Credit Reporting Act for failing to correct his credit report after he was the victim of identity theft. He claimed that in 2000 he learned his identity had been stolen and there were some thirty false credit lines on his credit report - including delinquencies and collections. He filed police repo
• State of Minnesota v. Brookdale Motor Sales, Inc.
  The State of Minnesota claimed that Luther Brookdale Buick Pontiac GMC used Minnesota consumers' credit information without their authorization. Luther used consumers' credit information to screen consumers for sending solicitations. The solicitations were fake checks that deceptively looked like they were from the United States Bankruptcy Court and guaranteed by the State of Minnesota. Luther ma
• Daniel J. Voelker v. Porsche Cars North America, Inc.
  Daniel J. Voelker appeals fromthe district court's dismissal of his claims for breach ofwritten warranty and breach of the implied warranty ofmerchantability under the Magnuson-Moss Warranty Act,("Magnuson-Moss Act" or "the Act"