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Justices to decide if government immune in Fair Credit Act case (access required)

Published: January 17, 2012

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The U.S. Supreme Court will decide whether the federal government has waived its sovereign immunity with respect to a claim for damages under the Fair Credit Reporting Act.

CONSUMER PROTECTION (access required)

Published: January 17, 2012

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Has the federal government waived its sovereign immunity with respect to a claim for damages under the Fair Credit Reporting Act?

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State credit card claims aren’t preempted (access required)

Published: October 21, 2011

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Federal law did not preempt state tort claims against Citibank for taking steps to collect a credit card debt that the company allegedly knew to be due to unauthorized charges, the Montana Supreme Court has ruled in reversing judgment.

Fair Credit Act preempts state claims (access required)

Published: October 5, 2011

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Federal consumer protection law completely preempts state claims brought by a borrower who claimed that her bank falsely reported to credit agencies that she was behind on her loan payments, the 7th Circuit has ruled in reversing judgment.

Debt collector liable for double damages (access required)

Published: September 29, 2011

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A debt collector that sent collection letters concerning obsolete debts to 40,000 individuals could be liable for statutory damages under both federal and state law, the 9th Circuit has ruled in affirming a $225,000 class award.

Fair Credit Act plaintiff can’t sue ‘furnisher’ (access required)

Published: August 1, 2011

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A consumer could not sue the “furnisher” of allegedly false credit information without first making a complaint to a consumer reporting agency, the 3rd Circuit has ruled in affirming a summary judgment.

Federal law doesn’t preempt patient privacy suit (access required)

Published: June 22, 2011

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Federal consumer protection law does not preempt a lawsuit alleging that a debt collector violated state law by disclosing confidential patient information to credit reporting agencies, the California Supreme Court has ruled in reversing a dismissal.

Three more states move to ban employment credit checks (access required)

By: Sylvia Hsieh
Published: March 15, 2011

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Three more states are following a movement to curb employers’ use of credit checks.

Customer can sue over forged convenience checks (access required)

By: Pat Murphy
Published: February 10, 2011

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A credit card company may have violated federal fair credit reporting law by failing to respond adequately to a customer’s complaint that her boyfriend had forged her convenience checks, a U.S. District Court in Minnesota has ruled in denying summary judgment.

Experian not liable to identity theft victim (access required)

By: Pat Murphy
Published: February 8, 2011

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A credit reporting agency did not violate federal consumer protection law in responding to a dispute between a victim of identity theft and a creditor, the 10th Circuit has ruled in affirming summary judgment.

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