Judge Beverly Martin, an Obama appointee who also served as a judge in the Northern District of Georgia and as United States Attorney for the Middle District of Georgia, has notified the White House that she intends to resign as a judge on the Eleventh Circuit effective September 30, 2021. Judge Martin is regarded as…
Month: May 2021
FCRA Class Action Foiled by Comcast Arbitration Agreement
A Comcast arbitration agreement by which a former subscriber to the cable service agreed to arbitrate “any claim or controversy related to Comcast” was enforced by the court in Hearn v. Comcast Cable Communications, LLC, 992 F.3d 1209 (11th Cir. 2021), overturning a contrary decision by the Northern District of Georgia. The arbitration agreement was…
Credit Reporting Agency’s Procedures and Investigation to Ensure FCRA Accurate Reporting Not Reasonable Enough for Summary Judgment
In Losch v. Nationstar Mortgage LLC, 2021 WL 1653016 (11th Cir. Apr. 28, 2021), the Eleventh Circuit considered whether the defendant Experian violated the Fair Credit Reporting Act’s requirements that a credit-reporting agency employ “reasonable procedures to assure maximum possible accuracy of the information concerning the individual” when preparing credit reports, 15 U.S.C. § 1681e(b),…