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Oct 20, 2017

Consumer Protection – FCRA – Civil Practice – Statute of Limitations – Discovery – Identity Theft – Student Loan

Hearns v. Equifax Information Services, LLC (Lawyers Weekly No. 002-172-17, 12 pp.) (J. Michelle Childs, J.) 3:16-cv-02454; D.S.C. Holding: Plaintiff knew everything he needed to know to bring his claims under the Fair Credit Reporting Act no later than Nov. 5, 2013, when defendant Access Group, Inc., responded to plaintiff’s first Automated Consumer Dispute Verification […]

Jan 23, 2017

Banks & Banking – FCRA – Duty to Investigate – CRA Notice – Insufficient Allegations

Perkins v. South Carolina Community Bank (Lawyers Weekly No. 002-027-17, 7 pp.) (Terry Wooten, C.J.) 3:14-cv-03245; D.S.C. Holding: The complaint does not allege that the defendant-bank received notice of a credit report dispute from a credit reporting agency (CRA). Without such a report from a CRA, the bank had no duty to investigate the alleged […]

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