The case Brittany Wynn v. United Parcel Service Inc., involves the plaintiff, Brittany Wynn, filing a putative class action against United Parcel Service Inc. (UPS) alleging violations of the Fair Credit Reporting Act (FCRA). The core issue is UPS's online consumer report disclosure practice. The FCRA mandates clear and conspicuous disclosure in writing to the consumer, in a document solely … [Read more...]
Jury Verdict Upheld in Losch vs. Experian Information Solutions Inc.
The case of Henry Losch vs. Experian Information Solutions Inc. (Case No. 22-12421) was an appeal in the United States Court of Appeals for the Eleventh Circuit concerning claims under the Fair Credit Reporting Act (FCRA, 15 U.S.C. §§ 1681e & 1681i). This case followed a previous decision (Losch I) where the court reversed the district court’s summary judgment in favor of Experian and remanded … [Read more...]
Intersection of Fact and Law in Credit Reporting: FCRA Obligations and State Law Impacts on Credit Reporting
In Gross v. CitiMortgage Inc., Marshall Gross challenged CitiMortgage's reporting of a junior mortgage debt on his credit report following the foreclosure of his home. Under Arizona's Anti-Deficiency Statute, Gross's liability for the junior mortgage was eliminated once the foreclosure sale failed to cover the debt. Despite this, CitiMortgage reported the debt as active, accruing interest, and … [Read more...]
Lemon Law and FCRA: The Role of Credit Reporting Agencies in Resolving Legal Disputes
In the case of Khankin v. JLR San Jose LLC et al., the plaintiffs claimed that the credit reporting agencies inaccurately reported them as delinquent on their lease even after they had lawfully elected to rescind their lease and return the vehicle under California's "Lemon Law" (the Beverly-Song Warranty Act). They argued that this reporting was inaccurate because they were no longer legally … [Read more...]
Understanding the Impact of the Fair Credit Reporting Act and the CARES Act on Consumer Rights
In the case of Craig Mirabile v. Bank of America National Association, the plaintiff, Craig Mirabile, brought suit under the Fair Credit Reporting Act (FCRA), alleging that Bank of America provided false information to credit reporting agencies and failed to reasonably investigate his dispute. The court allowed the FCRA claim to proceed and found the following facts persuasive to not dismiss the … [Read more...]
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