Successful Defense of FCRA Claim

Dave White and Lynn Judkins obtained summary judgment for their client, Peoples Bank of the South, on February 19, 2014, in Birdsall v. Peoples Bank of the South, from the U. S. District Court for the Eastern District of Tennessee. Birdsall was a former loan customer of the Bank, but following a prior settlement, Birdsall alleged that inaccurate credit reporting led to the Bank’s violations of the Fair Credit Reporting Act (“FCRA”), and breached the parties’ settlement agreement. The Bank responded that Birdsall failed to fulfill the statutory conditions necessary to make any private FCRA claims, and that it had performed all requirements under the settlement agreement.  Further, the Bank contended that federal pre-emption prevented pursuit of any other state claims.  The court agreed with the Bank and held that Birdsall failed to first notify all credit reporting agencies of his allegations of FCRA violations prior to filing his lawsuit, and that the Bank had complied with the terms of the settlement agreement. Finally, the Court held that federal law pre-empted all state claims.  Local counsel, P. Edward Pratt of the Knoxville office of Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., assisted White and Judkins in this case.

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