Legal Resources — Guides, Case Law & Tools | Vindex Privatus, PLLC
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Case Law Library

The Supreme Court and Circuit Court decisions that establish the legal standards for consumer protection. These cases define what constitutes a violation and how damages are calculated.

FCRA — Fair Credit Reporting Act
FCRA
TransUnion LLC v. Ramirez
594 U.S. 413 (2021)
Supreme Court

Consumers must show concrete injury, not just a procedural violation, to sue under FCRA. Injury must have a "close relationship" to traditionally recognized harms. This landmark decision requires proof of actual damage for standing.

FCRA
Safeco Ins. Co. of Am. v. Burr
551 U.S. 47 (2007)
Supreme Court

Defined "willful" FCRA violations to include reckless disregard of the law. This is the standard for recovering statutory and punitive damages. Willfulness does not require intent—only that the defendant's interpretation of the FCRA was objectively unreasonable.

FCRA
Spokeo, Inc. v. Robins
578 U.S. 330 (2016)
Supreme Court

A bare procedural violation without concrete harm is insufficient for standing. Plaintiffs must show actual or imminent injury. This decision reinforced that FCRA claims require proof of tangible harm, not merely technical violations.

FCRA
Marchisio v. Carrington Mortgage Services, LLC
919 F.3d 1288 (11th Cir. 2019)
11th Circuit

Found willful FCRA violation where mortgage servicer continued misreporting a discharged debt despite years of disputes. Reversed denial of punitive damages, establishing that pattern violations support enhanced damages in our circuit.

FCRA
Williams v. First Advantage LNS Screening Solutions Inc.
947 F.3d 735 (11th Cir. 2020)
11th Circuit

Upheld $1 million in punitive damages for FCRA violations where screening company's internal policies were not followed. Demonstrates that willful violations can result in seven-figure awards when defendants show recklessness or indifference.

FCRA
Sokol v. Trans Union, LLC
No. 21-cv-24018, 2022 WL 797017 (S.D. Fla. Mar. 16, 2022)
S.D. Florida

Reporting contradictory account status constitutes inaccurate reporting under FCRA. This Southern District decision establishes that furnishers cannot report conflicting information about whether an account is open, closed, or paid in full.

TCPA — Telephone Consumer Protection Act
TCPA
Facebook, Inc. v. Duguid
141 S. Ct. 1163 (2021)
Supreme Court

Narrowed the ATDS definition—a device must use a random or sequential number generator to qualify as an "autodialer." This decision limited TCPA liability but still protects consumers from the most egregious calling practices.

TCPA
Barr v. American Association of Political Consultants
140 S. Ct. 2335 (2020)
Supreme Court

Struck down the government-debt exception to the TCPA robocall ban, reinforcing broad consumer protections. This decision strengthens TCPA enforcement and prevents debt collectors from using government debt as a loophole to circumvent calling restrictions.

STANDING — Article III Requirements
STANDING
Ramirez v. TransUnion LLC
951 F.3d 1008 (9th Cir. 2020)
9th Circuit

Found standing for inaccurate credit reporting even without denial of credit, when reports were disseminated to third parties. This case establishes that the risk of harm from widespread inaccurate reporting constitutes concrete injury sufficient for standing.

Companies We've Sued

Credibility through action. These are companies against which Vindex Privatus has filed federal litigation for violating consumer protection laws.

Discover Financial Services
FCRA VIOLATION

Discover continued to report inaccurate derogatory information to credit bureaus after a consumer's debt was settled, in violation of the FCRA's accuracy requirements under 15 U.S.C. § 1681s-2(a) and (b). Despite the consumer's disputes, Discover failed to conduct a reasonable reinvestigation and continued furnishing false information.

Statutes: FCRA §§ 1681s-2(a), 1681s-2(b), 1681e(b)
Court: U.S. District Court, Southern District of Florida
View on PACER →
Upgrade, Inc. d/b/a Flex Pay
FCRA / FCCPA VIOLATION

Upgrade/Flex Pay continued to furnish derogatory credit information—including late payment notations and charge-off designations—to Equifax, Experian, and TransUnion on four consumer installment loan accounts that were fully paid and satisfied. The reported balances exceeded original loan amounts, accounts were reported as "Open" despite being paid in full, and past-due amounts were reported on accounts with zero balances.

Statutes: FCRA §§ 1681s-2(a), 1681s-2(b); FCCPA § 559.72
Court: U.S. District Court, Southern District of Florida
View on PACER →
About This List: This list represents active and resolved matters. New cases are added as they are filed. If you believe one of these companies has violated your rights, contact us for a free case review.

Legal Guides

Plain-English guides to understanding your rights and options across consumer protection, business formation, estate planning, divorce, and immigration.

FCRA GUIDE
How to Get Your Free Credit Report

Learn how to obtain your free weekly credit reports from Equifax, Experian, and TransUnion. Understand the dispute process and how to identify errors.

FCRA GUIDE
How to Dispute Errors on Your Credit Report

A step-by-step guide to disputing inaccurate information on your credit report and what to do when the bureaus fail to investigate properly.

FDCPA GUIDE
What to Do If a Debt Collector Contacts You

Your rights under the FDCPA. Learn what debt collectors can and cannot do, how to demand debt verification, and strategies for protecting yourself.

TCPA GUIDE
Understanding Your Rights Against Robocallers

The TCPA protects you from illegal autodialed calls and texts. Each violation carries $500–$1,500 in damages. Learn how to document and take action.

FCRA GUIDE
How to Request Your Background Check

Employment and tenant screening companies must follow FCRA rules. Understand your right to see your file, dispute inaccuracies, and take legal action.

FCCPA GUIDE
Florida Consumer Rights: What the FCCPA Protects

Florida's FCCPA covers original creditors — banks, landlords, medical providers — filling the biggest gap in federal law. Learn about 19 prohibited practices.

TENANT RIGHTS
Florida Tenant Rights: What Your Landlord Can't Do

Illegal lockouts, utility shutoffs, security deposit theft, and retaliation. Know your rights under the Florida Residential Landlord & Tenant Act.

DEBT DEFENSE
How to Defend Against a Debt Collection Lawsuit

Don't ignore that summons. Learn how to file an Answer, raise affirmative defenses, and countersue debt buyers who violate the FDCPA.

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