Larkins Vacura Kayser Prevails in FCRA DisputeSeptember 1, 2018
Larkins Vacura Kayser attorney Cody Hoesly prevailed before the U.S. Court of Appeals for the Ninth Circuit in Boydstun v. U.S. Bank, N.A. 726 Fed Appx 601 (2018). Affirming the district court judgment in favor of our client, U.S. Bank, the Ninth Circuit held that the Fair Credit Reporting Act applies only to consumer loans. The plaintiff owned a company that applied for a loan to buy a forklift; the loan was denied following the lender’s review of the plaintiff’s personal credit report. The Ninth Circuit explained that the lender’s decision to consult the plaintiff’s personal credit report based on his status as the owner of the company did not transform the company’s non-consumer application for a forklift loan into the plaintiff’s consumer application for a forklift loan.