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Case Number: 6:23-cv-01087
Judge: Julie A. Robinson
Court: United States District Court for the District of Kansas (Sedgwick County)
Plaintiff's Attorney: Graig Shultz
Defendant's Attorney: Katherine Saldanha Olson
Description: Wichita, Kansas consumer credit lawyer represented the Plaintiff who sued the Defendants on a Fair Credit Report Act violation theory.
Fair Credit Reporting Act, 15 U.S.C. §§ 1681, et seq.
"The Act (Title VI of the Consumer Credit Protection Act) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report cannot be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority."
Federal Trade Commission
§ 1681o. Civil liability for negligent noncompliance
(a) In general
Any person who is negligent in failing to comply with any requirement imposed under this
subchapter with respect to any consumer is liable to that consumer in an amount equal to the
(1) any actual damages sustained by the consumer as a result of the failure; and
(2) in the case of any successful action to enforce any liability under this section, the
costs of the action together with reasonable
attorney’s fees as determined by the court.
(b) Attorney’s fees
On a finding by the court that an unsuccessful
pleading, motion, or other paper filed in connection with an action under this section was filed
in bad faith or for purposes of harassment, the
court shall award to the prevailing party attorney’s fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.
Outcome: 09/11/2023 16 STIPULATION OF DISMISSAL by Jason D. Squires. (Shultz, J.) (Entered: 09/11/2023)
09/11/2023 ***Per DE 16 Stipulation of Dismissal, Civil Case Terminated. (jal) (Entered: 09/12/2023)