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Plaintiff's suit against WaMu for false reporting of credit information and unfair debt collection practices
Ross v. Fed. Deposit Ins. Corp., 08-1851, concerned a challenge to the district court's grant of summary judgment for Washington Mutual (WaMu) in plaintiff's suit against Washington WaMu for false reporting of credit information and unfair debt collection practices.
In affirming, the court held that, because plaintiff filed outside of the Fair Credit Reporting Act's (FCRA) two-year statute of limitations, she lost any FCRA claims she may have had, whatever the merit. The court also held that plaintiff's state law claims are preempted by 15 U.S.C. section 1681t(b)(1)(F), the FCRA's preemption provision. Further, although plaintiff argues that her claims are expressly authorized by another FCRA provision, 15 U.S.C. section 1681h(e), she fails to present evidence that WaMu acted with the malice or willful intent to injure necessary to benefit from this section. Lastly, plaintiff's unfair debt collection practices claim fails because she cannot prove proximate causation, an element of her state law claim.