Legal Opinion
Purcell v. Bank of America
Court of Appeals for the Seventh Circuit
Decided October 3, 2011No. 10-3975PublishedCited by 75 opinions
1Opinion of the Court
EASTERBROOK, Chief Judge.
According to a complaint filed in state court, Bank of America told credit agencies that Kristine Purcell is behind in payments on a loan, even though the Bank knows that she isn’t. If Purcell’s allegations are correct, then the Bank has violated the Fair Credit Reporting Act, 15 U.S.C. § 1681s-2(a), and perhaps state law too. The Bank removed the suit to federal court and moved for judgment in its favor — because, although Purcell’s claim arises under § 1681s-2(a), that section does not create a private right of action. See Perry v. First National Bank, 459 F.3d 816…
2Cases cited11 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- Swift v. TysonSupreme Court of the United States · 1842
- Radzanower v. Touche Ross & Co.Supreme Court of the United States · 1976
- PLIVA, Inc. v. MensingSupreme Court of the United States · 2011
6 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Michael Scott v. First S. Nat'l BankCourt of Appeals for the Sixth Circuit · 2019
- MacPherson v. Jpmorgan Chase Bank, N.A.Court of Appeals for the Second Circuit · 2011
- Deborah Walton v. EOS CCACourt of Appeals for the Seventh Circuit · 2018
- Comunale v. Home Depot, U.S.A., Inc.District Court, W.D. New York · 2018
- Himmelstein v. Comcast of the District, L.L.C.District Court, District of Columbia · 2013
70 more not listed; retrieve them via the Exa API.