Roybal v. Equifax’s Empirical Analysis

Citation profile

1 district · 6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It can be inferred from the structure of the statute that Congress did not want furnishers of credit information exposed to suit by any and every consumer dissatisfied with the credit information furnished. Hence, Congress limited the enforcement of the duties imposed by § 1681s-2(a) to governmental bodies. But Congress did provide a filtering mechanism in § 1681s-2(b) by making the disputatious consumer notify a CRA and setting up the CRA to receive notice of the investigation by the furnisher. See 15 U.S.C. § 1681i(a)(3) (allowing CRA to terminate reinvestigation of disputed item if CRA “reasonably determines that the dispute by the consumer is frivolous or irrelevant”). With this filter in place and opportunity for the furnisher to save itself from liability by taking the steps required by § 1681s-2(b), Congress put no limit on private enforcement under §§ 1681n & o.”

   1 later decision quote this exact passage · from the majority
   e.g. 628 F. Supp. 2d 1173 - Woods v. Protection One Alarm Monitoring, Inc.

2. “On its face, the FCRA precludes all state statutory or common law causes of action that would impose any `requirement or prohibition' on the furnishers of credit information. Because Plaintiffs' State Claims are based on alleged injury arising purely from the reporting of credit information by a furnisher of credit, they are completely preempted. Several courts that have analyzed this preemption clause concur. [Citations.]”

   1 later decision quote this exact passage · from the majority
   e.g. 169 Cal. App. 4th 901 - Liceaga v. Debt Recovery Solutions, LLC

3. “No requirement or prohibition may be imposed under the laws of any State with respect to any subject matter regulated under section 1681s-2, relating to the responsibilities of persons who furnish information to consumer reporting agencies, except that this paragraph shall not apply with respect to section 1785.25(a) of the California Civil Code”

   1 later decision quote this exact passage · from the majority
   e.g. 69 F. Supp. 3d 965 - Langan v. United Services Automobile Ass'n