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Monday, October 03, 2011
Ind. Decisions - One Indiana decision today from 7th Circuit
In Purcell v. Bank of America, an 8-page opinion, Chief Judge Easterbrook begins:
According to a complaint filed in state court, Bank of America told credit agencies that Kristine Purcell is behind in payments on a loan, even though the Bank knows that she isn’t. If Purcell’s allegations are correct, then the Bank has violated the Fair Credit Reporting Act, 15 U.S.C. §1681s–2(a), and perhaps state law too. The Bank removed the suit to federal court and moved for judgment in its favor— because, although Purcell’s claim arises under §1681s–2(a), that section does not create a private right of action. See Perry v. First National Bank, 459 F.3d 816 (7th Cir. 2006). Section 1681s–2(c)(1) provides that the portions of the Act allowing awards of damages to private parties do not apply to claims under subsection (a). That leaves enforcement in the hands of state and federal agencies under §1681s and §1681s–2(d). The district court accordingly dismissed Purcell’s federal claim. 2010 U.S. Dist. LEXIS 126704 (N.D. Ind. Nov. 30, 2010).
Posted by Marcia Oddi on October 3, 2011 11:20 AM
Posted to Ind. (7th Cir.) Decisions