Persinger v. Southwest Credit Systems, L.P.

Docket Number21-1037
Decision Date22 December 2021
In 2017, a bankruptcy court discharged Persinger’s debts, under 11 U.S.C. 727. A few months later, Southwest Credit began collection efforts on a pre-petition debt of Persinger’s, including by acquiring a type of credit information called her “propensity-to-pay score.” Alleging that this information had been secured without a permissible purpose, Persinger sued Southwest under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681 The district court granted Southwest summary judgment, holding...

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47 cases
  • Anderson v. Credit One Bank (In re Anderson)
    • United States
    • U.S. Bankruptcy Court — Southern District of New York
    • June 3, 2022
    ...§ 727(b), whereas a consumer may be liable to repay a debt that has been charged off."). See also Persinger v. Southwest Credit Systems, L.P. , 20 F.4th 1184, 1196 (7th Cir. 2021) ("a discharged debt cannot be collected (indeed, it is unlawful to try")); Long v. Turner , 134 F.3d 312, 317-1......
  • Hunstein v. Preferred Collection & Mgmt. Servs., Inc.
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • September 8, 2022
    ...Significantly, the Seventh Circuit has reaffirmed the kind-degree framework post-TransUnion . See, e.g. , Persinger v. Southwest Credit Sys., L.P. , 20 F.4th 1184, 1192 (7th Cir. 2021) ("Spokeo and [TransUnion v. ] Ramirez make clear our responsibility to look for a close relationship ‘in k......
  • Citizens Ins. Co. of Am. v. Wynndalco Enters., LLC
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • June 15, 2023
    ...see id. See also Pucillo v. Nat'l Credit Sys., Inc., 66 F.4th 634, 639-40 (7th Cir. 2023) (quoting Persinger v. Sw. Credit Sys., L.P., 20 F.4th 1184, 1192 (7th Cir. 2021) (identifying four theories of wrongdoing encompassed by tort of invasion of privacy, including publicly placing a person......
  • Sosa v. Onfido, Inc.
    • United States
    • U.S. District Court — Northern District of Illinois
    • April 25, 2022
    ...however, we must assure ourselves that Sosa has standing to maintain his lawsuit in this Court. See Persinger v. Sw. Credit Sys., L.P. , 20 F.4th 1184, 1189 (7th Cir. 2021) (addressing "the jurisdictional question of whether [the plaintiff] has standing to sue" before addressing the merits ......
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1 firm's commentaries
  • FCRA Litigation Update
    • United States
    • Mondaq United States
    • September 28, 2022
    ...Shockley v. Clarity Servs., Inc., No. 21-cv-434-jdp, 2022 U.S. Dist. LEXIS 117524 (W.D. Wis. 2022) 5. Persinger v. Sw. Credit Sys., L.P., 20 F.4th 1184, 1188 (7th Cir. 6. Breneisen v. Countryside Chevrolet/Buick/Gmc, Inc., 573 F. Supp. 3d 1328-29 (E.D. Wis. 2021) 7. Bibbs v. Trans Union LLC......