Damage Issues

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Damage Issues

Postby Administrator » Tue Sep 30, 2014 12:12 am

Damage Issues


Notley v. Sterling Bank
Slip Copy, 2007 WL 188682
January 24, 2007

1. Actual Damages

The bank cites a single case from the Eastern District of New York for the proposition that a plaintiff must show actual damages in order for a defendant to be liable under the FCRA. Id. at 4. Not only is the cited case not binding authority for this court, the proposition cited by the defendant is correct only in cases where the plaintiff has alleged actual damages. See TRW Inc. v. Andrews, 534 U.S. 19, 34-35, 122 S.Ct. 441, 151 L.Ed.2d 339 (2001). As the Supreme Court noted in TRW Inc., actual damages are not necessary to sustain a cause of action under the FCRA when the plaintiff alleges a willful violation of the act and claims punitive damages under Section 1681n. Id. Because the Notleys allege a willful violation of Section 1681s-2(b) and claim punitive damages under Section 1681n, the court need not, and does not, reach the question of whether the plaintiffs have presented adequate evidence of actual damages. See Complaint ¶ 21. The bank's first ground for summary judgment is, therefore, denied.
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