Lewis v. Trans Union LLC

7 Citing cases

  1. Fadul v. Sky Ridge Med. Ctr.

    Civil Action 19-cv-1308-WJM-NRN (D. Colo. Aug. 20, 2021)

    Bad faith is not simply “bad judgment or negligence, but implies the conscious doing of a wrong because of a dishonest purpose or moral obliquity; . . . it contemplates a state of mind affirmatively operating with furtive design or ill will.” Shah v. Collecto, Inc., 2005 WL 2216242, *14 (D. Md. Sept. 12, 2005) (quoting Black's Law Dictionary 139 (6th ed. 1990)); Lewis v. Trans Union LLC, 2006 WL 2861059, at *4 (N.D. Ill. Sept. 29, 2006) (awarding attorneys' fees pursuant to § 1681n(c) based on a showing that the plaintiff “knew of the falsity and baselessness of the allegations.”). It is the moving party's burden to show entitlement to attorneys' fees.

  2. Hernández-Rivera v. Cooperativa de Ahorro y Crédito

    CIVIL NO. 15-1628 (PAD) (D.P.R. Mar. 6, 2019)

    It is not enough to show that the "pleading, motion, or other paper" in question "later turned out to be baseless." Roger v. Johnson-Norman, 514 F.Supp.2d 50, 52 (D.D.C. 2007); Ryan v. Trans Union Corp., 2001 WL 185182, *6 (N.D.Ill. Feb.26, 2001); Bagumyan v. Valero Energy Corp., 2007 WL 1500849, *2 (C.D.Cal. Apr.25, 2007) (allegation that plaintiff engaged in bad faith by maintaining action after being provided with exculpatory information was insufficient to state a claim for attorney's fees under 15 U.S.C. § 1681n(c), which applies only to papers "filed in bad faith or for purposes of harassment"); Lewis v. Trans Union LLC, 2006 WL 2861059, *4 (N.D.Ill. Sept.29, 2006) (awarding attorney's fees pursuant to Section 1681n(c) where plaintiff "knew of the falsity and baselessness of allegations in the complaint when it was filed"); Mayle v. Equifax Info. Servs., Inc., 2006 WL 398076, at *2 (N.D.Ill. Feb.14, 2006)(defendants were entitled to attorney's fees under Section 1681n(c) where plaintiff and her attorneys had documentation showing that plaintiff's FCRA action was frivolous prior to the filing of the action). In this light, Trans Union's motion falls short of the showing necessary to sustain an award of attorney's fees under Section 1681n(c).

  3. Robinson v. Best Serv. Co.

    Case No. 5:16-cv-03346-EJD (N.D. Cal. Apr. 13, 2017)   Cited 3 times

    Id. at *17 (emphasis preserved); Smith v. HM Wallace. Inc., No. 08-22372-CIV, 2009 U.S. Dist. LEXIS 125885, at *5, 2009 WL 3179539 (S.D. Fla. Sept. 9, 2009). District courts have also held that § 1681n(c) "does not authorize the imposition of attorneys' fees on a party's counsel," but only on the plaintiff himself or herself. Smith, 2009 U.S. Dist. LEXIS 125885, at *5; accord Lewis v. Trans Union LLC, No. 04 C 6550, 2006 U.S. Dist. LEXIS 76242, at *7, 2006 WL 2861059 (N.D. Ill. Sept. 29, 2006); Arutyunyan v. Cavalry Portfolio Servs., No. CV 12-4122 PSG (AJWx), 2013 U.S. Dist. LEXIS 29901, at *5, 2013 WL 500452 (C.D. Cal. Feb. 11, 2013). Consequently, the scope of the § 1681n(c) inquiry is properly limited to an examination of Plaintiff's conduct, rather than conduct attributed to his counsel.

  4. Levine v. JPMorgan Chase & Co.

    46 F. Supp. 3d 883 (E.D. Wis. 2014)   Cited 1 times

    Smith, 2009 WL 3179539, at *2 (citing O'Connor v. Trans Union, LLC, No. 05–cv–74498, 2008 WL 4910670, at *19 (E.D.Mich. Nov. 13, 2008) ; Lewis v. Trans Union LLC, No. 04 C 6550, 2006 WL 2861059, at *3 (N.D.Ill. Sept. 29, 2006) ). Thus, Chase alternatively moves for sanctions under Rule 11 of the Federal Rules of Civil Procedure, which allows the Court to “impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation.”

  5. Eller v. Trans Union LLC

    Civil Action No. 09-cv-0040-WJM-KMT (D. Colo. Apr. 12, 2013)   Cited 2 times

    Bad faith is not simply "bad judgment or negligence, but implies the conscious doing of a wrong because of a dishonest purpose or moral obliquity . . . it contemplates a state of mind affirmatively operating with furtive design or ill will.' " Shah v. Collecto, Inc., 2005 WL 2216242, *14 (D.MD. Sept. 12, 2005); Lewis v. Trans Union LLC, 2006 WL 2861059, at *4 (N.D.Ill. Sept. 29, 2006) (awarding attorney's fees pursuant to § 1681n(c) based on a showing that the plaintiff "knew of the falsity and baselessness of the allegations.") The determination of bad faith or harassment must focus on the plaintiff's mental state at the time of filing.

  6. Clemons v. Cutler Ridge Automotive, LLC

    CASE NO. 06-21648-CIV-KING/BANDSTRA (S.D. Fla. Jun. 24, 2008)   Cited 1 times

    The same statutory language and analysis is applicable to § 1681o. See Lewis v. Trans Union, 2006 WL 2861059 (N.D. Ill 2006). Applying this standard here, the undersigned continues to find, for the same reasons outlined above, that imposition of attorney's fees against plaintiff's counsel is unwarranted because it has not been established that Mr. Ingalabe acted in bad faith.

  7. DeBusk v. Wachovia Bank

    No. CV 06-0324-PHX-NVW (D. Ariz. Nov. 16, 2006)   Cited 9 times
    Stating that "[i]t is the burden of the party moving for fees under §1681n(c) to demonstrate that they are warranted"

    DeBusk then personally responded by email on February 15 by stating that he "would be happy to resolve" the lawsuit if Capital One would simply mail him a copy of his car loan application. Capital One obliged by sending the copy on February 16. See Doc. # 43, Exhibit B at 2; see also id. at Exhibits D-F; Doc. # 44, Exhibits B-D. Because intentional deception constitutes bad faith, Lewis v. Trans Union, LLC, 2006 U.S. Dist. LEXIS 76242, at *10-11 (N.D. Ill. Sept. 29, 2006), fees and costs are warranted in favor of Capital One. Other circumstances also support the conclusion that DeBusk's entire lawsuit against Capital One was in bad faith.