Dismissed Collection Practices Action

Marc Rosenberg won dismissal with prejudice on a Rule 12(b)(6) motion to dismiss in Gilchrist v. First National Bank of Omaha, et. al., 2018 WL 317267 (W.D. Wash. Jan. 8, 2018).  The action arose from collection on a credit card debt.  The district court first ruled that plaintiff’s claims against a bank under the Telephone Consumer Protection Act were barred by res judicata where they were a compulsory counterclaim in the banks underlying collection action against him  The district court also dismissed plaintiff’s claims against the bank’s attorney in the collection action, which were brought under the Fair Credit Reporting Act and Fair Debt Collection Practices Act, and based on the claim that the lawyers improperly accessed his credit report without his authorization.  The district court held that a debt collector who obtains a credit report for purposes of collecting a debt has not violated the FCRA.  The district court dismissed the claims with prejudice because amendment would have been futile.

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