In an unpublished opinion, the Ninth Circuit reached the alarming conclusion that plaintiffs alleging inaccuracies on credit reports that lowered their credit ratings, had no constitutional standing to sue the credit reporting agencies under the FCRA because they could not show “that they had tried to engage in or were imminently planning to engage in any transactions for which the alleged misstatements in their credit reports made or would make any material difference.” Jaras v. Equifax, No. 17-15201(9th Cir. March 25, 2019) (unpublished). Read More
Tag Archive: FCRA
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Ninth Circuit Finds No Standing for FCRA Claim Despite Reduced Credit Scores
Posted by NCBRC - April 10th, 2019
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Wells Fargo on the Hook for Misreporting Delinquency
Posted by NCBRC - August 7th, 2018
Finding genuine issues of material fact, the district court denied Wells Fargo’s motion for summary judgment on most of the chapter 13 debtors’ federal and state claims based on Wells Fargo’s misapplication and misreporting of mortgage payments while the debtors were in bankruptcy. Anderson v. Wells Fargo Bank, No. 16-2514, 2018 WL 3426269 (N.D. Tex. July 13, 2018).
Tony and Hanna Anderson were current on their mortgage when they filed their chapter 13 petition. Their confirmed plan provided for continued payments on the mortgage outside the plan. Though the Anderson made all mortgage payments in a timely manner, the mortgage servicer, Wells Fargo, misapplied the payments and reported the debt as delinquent. The Andersons sent Wells Fargo five qualified written requests for information under RESPA and filed a request for investigation under the FCRA. Wells Fargo admitted its error and sent the corrected information to credit reporting agencies approximately two months later. Read More
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NACBA and NCLC Enter Fair Credit Reporting Arena
Posted by NCBRC - September 9th, 2016
On September, 2, 2016, NACBA and the NCLC joined forces to file an amicus brief in a case addressing credit reporting standards under the FCRA. Abeyta v. Bank of America, No. 16-15707 (9th Cir.).
Ginny Abeyta filed for chapter 13 bankruptcy in June, 2010, and successfully completed her plan in April, 2014. In October, 2014, she requested her credit report and found that Bank of America had reported her debt as “past due” as of July, 2010, and in “major delinquency” as of August, 2010. There was no mention of her successful chapter 13 bankruptcy. She requested reinvestigation of the debt and the new credit report contained the same inaccuracies. Read More
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