FCRA Alert: the Spike Is No Fluke

In case you are not aware of this, lawsuits alleging violations of the Fair Credit Reporting Act (“FCRA”) have increased dramatically over the past decade. We have seen a plateau from a modest number of 1,403 cases in 2009 to 3,582 cases in 2018. And the spike is no fluke. Consumers bringing such cases have continued to win settlements with banks and some industry giants.

In a recent decision by the District Court for the Southern District of California, Plaintiff Jordan Caccamise was awarded $75,270 in attorneys’ fees, after the court entered a judgment in Caccamise’s favor in the amount of $60,100 and enjoining the defendants from attempting to collect the underlying debts. See Caccamise v. Credit One Bank, N.A., Case No. 18-cv-971-JLS-BLM, 2020 U.S. Dist. LEXIS 27251 (S.D.CA. Feb. 18, 2020).

Caccamise was a victim of identity theft that occurred in 2017. The thief, Ms. Murphy, applied for and was given a credit card in Caccamise’s name with Credit One and charged $444 in fraudulent charges to the Credit One card. This balance was past due on a recurring basis from April through December 2017. Caccamise sent disputes to the credit reporting agencies and also to Credit One, attaching a copy of the police report for the identity theft and the arrest of Ms. Murphy. Nonetheless, Credit One continued to pursue the debts and sold the fraudulent account to LVNV Funding , LLC for collection purpose. (Why would Credit One do that? I don’t know.) FULL ARTICLE

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