Mack v. Equable Ascent Financial, LLC

Plaintiff filed suit pro se under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681 et seq., against Equable, as successor in interest to Hilco. Plaintiff alleged that Hilco obtained his consumer credit report without a permissible purpose or plaintiff's consent, in violation of the section 1681(b). The magistrate court granted Equable's motion for summary judgment on the ground that certain discovery responses showed that plaintiff's suit was time barred under section 1681p(1) because he did not file suit within two years of receiving the May 2009 report. The court affirmed, concluding that, in light of Hyde v. Hibernia Nat'l Bank in Jefferson Parish, the limitations period began to run when plaintiff discovered that Hilco had obtained his credit report without his consent. View "Mack v. Equable Ascent Financial, LLC" on Justia Law