Court Rejects Wife's Standing: Cain

Who has the right to bring FCRA and related claims for credit reporting abuses? What if the plaintiff dies? Can a spouse join in the suit for damages?
David A. Szwak

Court Rejects Wife's Standing: Cain

Postby David A. Szwak » Tue Feb 21, 2006 4:20 am

Ms. Cain's Standing.
*7 Trans Union argues that Ms. Cain lacks standing because she is not entitled to recover damages separate from Mr. Cain's damages. In response, plaintiffs note that because Washington is a community property state, the injury was suffered by their marital community. An injury alone, however, is insufficient to confer standing. Rather, under the FCRA and the WFCRA, Ms. Cain must show that Trans Union prepared a credit report regarding her that contained an inaccuracy. She has not done so. Because plaintiffs' WCPA claim is based on the violations of the FCRA and the WFCRA, Ms. Cain also lacks standing to pursue a WCPA claim.

Cain v. Trans Union LLC
Slip Copy, 2006 WL 328409
Feb 09, 2006

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