United States Eighth Circuit

In an action raising claims against a lender and a credit reporting agency under the federal Fair Credit Reporting Act (FCRA) and state law, summary judgment for defendants is affirmed where: 1) the summary judgment record failed to demonstrate a triable question of fact as to the existence of damages for purposes of a claim alleging negligent violation of the FCRA; and 2) for purposes of a claim of a willful violation of the FCRA, plaintiffs failed to present sufficient evidence of willfulness to avoid summary judgment.

Appellate Information

• Decided 02/28/2008
• Published 02/28/2008

Judges

• PER CURIAM., Before BYE, ARNOLD, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Theodore F. Sporer, argued, Des Moines, IA, for Appellant.


• For Appellees:
  
• Richard A. Malm, argued, Des Moines, IA, for Appellee Wells Fargo Bank., Christopher T. Lane, argued, Indianapolis, IN (Robert J. Schuckit and Wade D. Fulford, Indianapolis, IN, and Patrick B. White, Des Moines, IA, on the brief), for Appellee Trans Union.