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Credit Reporting Agency Trans Union Selling Inaccurate OFAC Public Record

July 9, 2009 – 7:47 pm
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT SANDRA CORTEZ ) ) Appellant/ ) Cross-Appellee )   Nos. 08-2465, 08-2466 vs. ) )         TRANS UNION, LLC ) ) Appellee/ ) Cross-Appellant ) ) APPELLANT/CROSS-APPELLEE SANDRA CORTEZ’S RESPONSE AND REPLY BRIEF In this third step brief, Appellant/Cross-Appellee Sandra Cortez (“Cortez”) hereby responds to Appellee/Cross-Appellant’s Trans Union, LLC’s (“TU”) opening brief and also replies to TU’s response to her opening brief. As more fully set forth below, with respect to Ms. Cortez’s appeal, this Court should vacate the District Court’s order of September 13, 2007, which conditionally granted a new trial and should further reinstate the jury’s verdict. With respect to TU’s appeal, this Court should affirm the District Court’s other rulings and find that TU is not entitled to judgment as a matter of law, a new ...

Bank Improperly Accessing Credit Reports for Power-of-Attorney Consumers

July 9, 2009 – 7:44 pm
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ Karen A. Barel, on behalf of herself ) and all others similarly situated, ) ) Plaintiff, ) C. A. No. 06-2372 ) v. ) ) CLASS ACTION Bank of America, ) ) Defendant. ) ____________________________________) ORDER AND NOW, this _____ day of _____________, 2007, upon consideration of Defendant Bank of America’s Motion for Summary Judgment, and Plaintiff’s Response thereto, it is hereby ORDERED that said Motion is DENIED. _____________________________ Surrick,                                           J. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ Karen A. Barel, on behalf of herself ) and all others similarly situated, ) ) Plaintiff, ) C. A. No. 06-2372 ) v. ) ) CLASS ACTION Bank of America, ) ) Defendant. ) ____________________________________) PLAINTIFF KAREN A. BAREL’S RESPONSE IN OPPOSITION TO DEFENDANT BANK OF AMERICA’S MOTION FOR ...

Bank Imposing Improper Fees and Expiration Dates of Gift Cards

July 9, 2009 – 7:43 pm
FRANCIS & MAILMAN, P.C. Land Title Building, 19th Floor 100 South Broad Street Philadelphia, PA 19110 (215) 735-8600 Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY FREDERIC , on behalf of himself ) and all others similarly situated, ) ) Plaintiff, ) C.A. No. vs. ) ) VISA U.S.A., INC., ) and ) INTER NATIONAL BANK , ) and ) NETSPEND CORPORATION, ) JURY TRIAL DEMANDED Defendants. ) ) CLASS ACTION COMPLAINT I. NATURE OF THE ACTION 1. This is a consumer class action arising out of Defendants’ deceptive and misleading practices in making available for purchase and use the All-Access Visa Gift Card in the State of New Jersey.  Defendants’ practices violate the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”), the New Jersey Gift Card Act, N.J.S.A. 56:8-110 (“GCA”), and the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (N.J.S.A. 56:12-14 et seq. (“TCCWNA”).  Plaintiff seeks ...

Bank Advance Notice Required for Varying Electronic Funds Withdrawal

July 9, 2009 – 7:41 pm
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GRACE LAWRENCE, ) on behalf of herself and all ) others similarly situated, ) ) Plaintiff ) C.A. No. 08-00679 vs. ) )         L.A. FITNESS INTERNATIONAL, LLC, ) CLASS ACTION ) Defendant. ) ) PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF HER RESPONSE IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S EFTA WAIVER CLAIMS Plaintiff Grace Lawrence, through counsel, respectfully submits this memorandum of law in support of her response in opposition to Defendant L.A. Fitness International, LLC’s Motion to Dismiss Plaintiff’s EFTA Waiver Claims pursuant to Fed. R. Civ. P. 12(b)(6) (“Motion”) (Docket No. 7).  Defendant’s Motion should be denied. Plaintiff has properly pled a cognizable cause of action under the Electronic Funds Transfer Act, 15 U.S.C. §§ 1693, et seq. (“EFTA”) at section ...

Employment Credit Report With Criminal Record Beyond 7 Years

July 8, 2009 – 6:24 pm
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA GARY SERRANO,                    ) on behalf of himself and all others             ) similarly situated,                    ) ) Plaintiff,              )    Civil Action No. 07-4563 vs.                             ) ) STERLING TESTING SYSTEMS, INC.,        ) ) Defendant.            )    CLASS ACTION ) PLAINTIFF’S MEMORANDUM OF LAW IN SUPPORT OF HIS RESPONSE IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS Plaintiff Gary Serrano, through counsel, respectfully submits this memorandum of law in support of his response in opposition to Defendant Sterling Testing Systems, Inc.’s Motion to Dismiss Plaintiff’s Complaint pursuant to Fed. R. Civ. P. 12(b)(6) (“Motion”) (Docket No. 8).  Defendant’s Motion should be denied because Plaintiff has properly pled a cognizable cause of action under the Fair Credit Reporting Act 15 U.S.C. §§ 1681, et seq. (“FCRA”). Specifically, Plaintiff brings this class action claiming that Defendant violates the FCRA ...

New MedFico Scores Must Be Covered By The FCRA

February 19, 2008 – 7:46 pm
 by Geoffrey H. Baskerville, Esquire Under a system that could begin operation as early as this summer, hospitals could check a patient’s specially designed medical credit score to determine the patient’s ability to pay his or her hospital bill. The new MedFico score is being developed by Healthcare Analytics, a technology firm from Massachusetts. Money to develop the new scoring system is coming from Fair Isaac; Tenant Healthcare Corp., and North Bridge Venture Capital Partners, a venture capital firm. Each is reported to have contributed $10 million to the project. While proponents of the new system claim that it is necessary for hospitals to be able to assess the amount of money coming in and thereby be able to determine if they have the resources to pay for various projects, others worry that the system will be used to determine if a patient should be treated.  Tenet already uses a system that ranks ...
 
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