Month: February 2017

Failure of Credit Bureau to Accurately Identify Source of Information is an Injury-In-Fact

Clark et al. V. TransUnion, LLC, EDVA-Richmond, December 9, 2016, 3:15-cv-391 The Fair Credit Reporting Act requires consumer reporting agencies to “clearly and accurately” disclose to consumers “the sources of information” in their credit files. 15 U.S.C. Section 1681g(a)(2). In this case, the defendant, TransUnion, provided a credit filed that listed two civil judgments. The credit report listed the sources of the judgments as “Henrico District Court” and “Virginia Federal Court.” One of the judgments was entered against the Plaintiff in November of 2008, but was appealed and ultimately dismissed. TransUnion purportedly failed to conduct a “timely and reasonable re

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Student Loan Collection Letter Violates FDCPA

Bieber, ex al v. Pioneer Credit Recovery, Inc. (EDVA Case No. 1:16-cv-804, January 11, 2017) This was a class action that stemmed out of a collection letter sent by Pioneer alleging various allegations of false representations, false implications, and that Pioneer used unfair and unconscionable means to collect a debt, all violations under the Fair Debt Collection Practices Act, 15 U.S.C. 1692e et seq. The Court first tackled the issue of whether or not the Plaintiff has standing to sue under Article III, an issue recently addressed by the Supreme Court in Spokeo, Inc. V. Robbins. To that end, the

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