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· 5/5/2006

Islam v. Option One Mortgage Corp.

Citations

  • 432 F. Supp. 2d 181
  • 2006 U.S. Dist. LEXIS 31190
  • 2006 WL 1216617

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that negligence claim was preempted by the FCRA to the extent it relied on defendant’s alleged negligence in reporting information to credit agencies
  • remarking that, “[w]ere this Court forced to reconcile Sections 1681t(b) and 1681h(e), th[e] ‘statutory’ approach to preemption would be the preferred method”
  • explaining that a “special relationship” is not “required to establish a duty of care in a negligence action” (citation omitted)
  • finding no private right of action against an information furnisher unless the credit agency informs the furnisher of an inaccuracy in the credit report
  • “[I]n 2003 Congress repealed the eight-year sunset provision of Section 1681t. The desire for uniformity again seemed to be the main concern . . . .” (internal citation omitted)
  • “Sections 1681g and 1681h 13 deal with disclosure of information by credit reporting agencies.

Source: CourtListener parenthetical corpus (CC0).

Judges: Young

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.