Resounding Defeat of FCRA and Credit Defamation Claims

In federal court in Minnesota, Moss & Barnett successfully argued that the actions of its debt-collector client did not give rise to FCRA or credit defamation claims.  The court granted summary judgment in favor of the debt collector on the FCRA claim, finding that our client had conducted a reasonable investigation of the consumer’s dispute given the facts provided to it by the consumer reporting agency.  Moss & Barnett argued further, and the court agreed, that the consumer’s state law credit defamation claim was preempted by the FCRA.  Both the FCRA and credit defamation claims were dismissed.