Experian Asks US Supreme Court to Hear Towing Collection Case

In 2003, Mrs. Pintos sued a debt collector that had used her credit report to collect a tow company’s bill for towing her car from a San Francisco street. Her claim is that the debt collector violated the Fair Credit Reporting Act because it lacked a permissible purpose to look at her credit report. The FCRA forbids persons who are not creditors from looking at consumers’ credit reports. Mrs. Pintos also sued Experian, the credit bureau that furnished the report to the collection agency. Our law firm represents Mrs. Pintos in the case. Both sides appealed the trial court’s rulings....

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Case before US Supreme Court May Decide Fate of Consumer Class Actions

In November of this year, the US Supreme Court hear arguments in AT&T Mobility v. Concepcion, a case that could decide the fate of consumer and employee class actions for years to come. The case involves the widespread practice of using standard-form contracts to ban class actions. Courts in California and other states have held that class-action bans are unenforceable, however AT&T Mobility has asked the Supreme Court to find that state laws are preempted by the Federal Arbitration Act.. The problem is that class-action bans are often disastrous for consumers and employees. Class-action bans in consumer contracts prevent consumers...

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Supreme Court Decides Fair Credit Reporting Act Case

The Fair Credit Reporting Act provides that a consumer may sue a business for actual damages if the business negligently violated the Act, but if the business willfully violated the Act, the consumer may sue for actual damage or statutory damages ranging from $100 to $1,000, and punitive damages. In cases in which actual damages are hard to prove, a consumer will be very interested in wanting to prove the defendant business “willfully” violated the Act in order to obtain statutory and punitive damages. On June 4, 2007, the U.S. Supreme Court explained the meaning of the term “willful” as...

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