254 results for 'nos:"Consumer Credit - Other Suits"'.
J. Epps recommends that the former teacher's civil rights and unfair credit reporting action against the investigator, deputy, county, company and other parties be dismissed. The action arose after the deputy filed a police report and the investigator obtained an arrest warrant for the teacher based on allegedly false identity fraud accusations made by the teacher's daughter. The teacher fails to properly state a conspiracy claim against anyone. The action fails to allege communications between any of the parties that resulted in an agreement to deny the teacher any constitutional right.
Court: USDC Southern District of Georgia, Judge: Epps, Filed On: February 28, 2024, Case #: 1:23cv148, NOS: Consumer Credit - Other Suits, Categories: Civil Rights, Due Process
J. Hinderaker grants an employment screening service's motion for summary judgment concerning Fair Credit Reporting Act violations brought by a former nurse, who's licensed was revoked by department of health and human services. The screening service sufficiently showed in court that the FCRA allows it report that the former employee is excluded from gaining employment in the federal healthcare arena.
Court: USDC Arizona, Judge: Hinderaker, Filed On: February 22, 2024, Case #: 4:22cv206, NOS: Consumer Credit - Other Suits, Categories: Employment, Health Care, Experts
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J. Block preserves on a motion for summary judgment a Fair Credit Reporting Act complaint which alleges HSBC Bank failed to conduct a reasonable investigation of an account holder’s dispute of a debt incurred as a result of credit card fraud. The litigant alleges a scammer stole his new credit card, activated it through deceptive means and then used it to make a large purchase at BJ’s Wholesale. The litigant provides enough detail that alleges HSBC willfully ignored evidence in support of his dispute that showed he was not the one who activated the card, nor was present in the store when the purchases were made.
Court: USDC Eastern District of New York, Judge: Block, Filed On: February 16, 2024, Case #: 1:20cv4566, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
J. Wood denies the debt collector's motion to dismiss an action brought by the individual under the Fair Debt Collection Practices Act arising from the collector's failure to remove an allegedly fraudulent account from her credit report. However, the collector's motion for a more definite statement of the claims is granted. The individual's action is a shotgun pleading which does not include a plain statement explaining which accounts are disputed, how the collector communicated false information or how the collector attempted to collect the alleged debt. The individual is ordered to file an amended complaint within 20 days.
Court: USDC Southern District of Georgia, Judge: Wood, Filed On: February 16, 2024, Case #: 5:23cv103, NOS: Consumer Credit - Other Suits, Categories: Debt Collection
J. Pechman denies Nationstar Mortgage's motion for summary judgment against the consumer's complaint that it did not remove inaccurate information about delinquent payments due on a loan in the consumer's credit report, which are solely his ex-wife's responsibility. The consumer sufficiently alleges that Nationstar owed him a duty to make a more accurate report acknowledging that his ex-wife was entirely responsible for repaying the loan.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 15, 2024, Case #: 3:22cv5840, NOS: Consumer Credit - Other Suits, Categories: Consumer Law
J. Lin denies the debt collection agency summary judgment against the patient's complaint alleging that the debt collection agency sought a default judgment for medical debt that the patient did not owe. The debt collection agency argues that the patient cannot establish an injury because the underlying default judgment against her cannot be vacated as a final judgment, but the debt collection agency does not provide a legal authority to support its argument.
Court: USDC Western District of Washington, Judge: Lin, Filed On: February 15, 2024, Case #: 2:22cv255, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Lopez grants a credit union's motion to compel arbitration concerning a customer's claims that it failed to provide disclosures of credit transactions. The customer has not provided any evidence to show that his physical signature on the arbitration agreement is inauthentic or forged. Furthermore, the credit union provided evidence that included a scanned image of the customer's driver's license showing the customer's handwritten signature from the day he opened an account with the union.
Court: USDC Southern District of California, Judge: Lopez, Filed On: February 6, 2024, Case #: 3:23cv533, NOS: Consumer Credit - Other Suits, Categories: Arbitration, Banking / Lending
J. Bell grants a debt collection agency’s motion to dismiss allegations of unfair debt collection brought by a consumer after she moved and the agency garnished her wages. The consumer claims that the agency violated federal debt collection law because she lived in North Carolina at the time of notification, even though she incurred the debt in Mississippi. However, because she produces no evidence of whether she signed the debt contract in Mississippi or elsewhere, she cannot use this law to allege the agency’s violation.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: February 5, 2024, Case #: 5:21cv102, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law, Banking / Lending
J. Seeger grants a credit reporting company’s motion to dismiss two debtors’ injury and emotional distress claims. The credit company mistakenly reported the debtors had several thousand dollars in outstanding debt when in reality those debts had been written off in bankruptcy. Despite this, the company also reported that the debtors were making timely payments on the debts, reflecting positively in their credit reports. Because the court finds the debtors failed to show any tangible injury from the mistakes, it dismisses the claims for lack of standing.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: February 1, 2024, Case #: 1:22cv617, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Emotional Distress
J. Pepper grants the consumer's motion to remand to Racine County Circuit Court his lawsuit alleging violations of state and federal law by the debt collector, as neither the debt collector nor the consumer have shown he suffered concrete injury and has Article III standing. There is no subject matter jurisdiction to rule on the debt collector's motions to compel the consumer's discovery responses and for sanctions against him, as well as its motion for judgment on the pleadings.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: January 30, 2024, Case #: 2:22cv1184, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. D’Agostino dismisses the last remaining defendant from a consumer credit complaint that alleges a homeowner’s mortgage lender erroneously reported her mortgage as discharged after she filed for Chapter 7 bankruptcy even though she continued to make payments until the debt had been satisfied. While she successfully alleges she suffered an injury in that she has been unable to secure additional lines of credit due to the inaccurate information, the court finds her credit report is essentially accurate.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: January 24, 2024, Case #: 3:23cv147, NOS: Consumer Credit - Other Suits, Categories: Bankruptcy, Debt Collection, Consumer Law
J. Menendez partially grants the debtors' motion for attorney's fees in their Unfair Debt Collection Practices Act suit against the debt collectors. The debtors' claimed $450 hourly rate for their attorney is unreasonable given the relatively simple and minimal litigation involved in this matter, and the debt collectors' proposed $350 hourly rate for fees is adopted. His claimed hours are also more excessive than applied discounts can account for. Several fees are also not reasonable, and the debtors are awarded $12,239 in fees and costs rather than their claimed $29,139.
Court: USDC Minnesota, Judge: Menendez, Filed On: January 22, 2024, Case #: 0:23cv632, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Attorney Fees
J. Boyle denies Equifax’s motion to dismiss allegations of fair credit reporting law violations brought by a consumer after a credit company blocked her from accessing her account, even though it was the only way she could pay off her debt. The company began to report her debt to Equifax and other credit agencies as delinquent despite the fact it continued to block her access. The consumer contacted the company and the agencies regarding the matter, but none took any steps to remedy the situation and the delinquency affected her credit negatively. Because Equifax took no action and continued to report the consumer’s debt as delinquent, the consumer’s claim will proceed.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: January 19, 2024, Case #: 5:23cv279, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Consumer Law
J. Marbley grants the background check agency's motion to dismiss the consumer's class action allegations, ruling her experience involving inaccurate information sent to a potential employer is insufficient to prove, even at this early stage in litigation, the agency failed to implement proper standards when publishing background information.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: January 16, 2024, Case #: 2:22cv2375, NOS: Consumer Credit - Other Suits, Categories: Consumer Law, Class Action