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MARINO v. OCWEN LOAN SERVICING LLC

No. 19-15530.

978 F.3d 669 (2020)

Christopher MARINO; Joshua E. Hardin; Kristen J. Hardin, Plaintiffs-Appellants, v. OCWEN LOAN SERVICING LLC, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 20, 2020.

Attorney(s) appearing for the Case

Scott C. Borison (argued), Legg Law Firm LLP, San Mateo, California; Peter A. Holland , Holland Law Firm P.C., Annapolis, Maryland; for Plaintiffs-Appellants.

John Lynch (argued), Troutman Sanders LLP, Virginia Beach, Virginia; Harrison S. Kelly and Michael E. Lacy , Troutman Sanders LLP, Richmond, Virginia; Gary E. Schnitzer , Kravitz Schnitzer Sloane and Johnson, Las Vegas, Nevada; for Defendant-Appellee.

Concurrence by Judge Bea.

OPINION

The Fair Credit Reporting Act ("FCRA") forbids a person from obtaining a consumer credit report without a permissible purpose. See 15 U.S.C. § 1681b(f)(1). But a creditor who violates this provision is not necessarily liable to the consumer. Under the FCRA, only negligent or willful violations...

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