Massey v. On-Site Manager Inc.

Civil Practice

New York Law Journal

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Judge Brian Cogan

On-Site prepares credit reports for landlords. It allegedly violated the Fair Credit Reporting Act by reporting an eviction judgment against Massey that was more than seven years old and beyond New York's six year limitation. Finding Federal Rules of Civil Procedure 23(a) and (b)(3) satisfied, the court certified a class of all persons subject to a report—within two years of action's commencement—including: a) records of a civil court action filed anywhere in the country not resulting in a judgment and which was commenced more than seven years prior to the report; or b) a judgment arising from an eviction proceeding that predated such report by more than seven years where judgment was issued in Arizona, Pennsylvania, Nevada, or Mississippi and has not been renewed; or c) a New York judgment arising from an eviction proceeding, which contained no monetary award and predated the report by more than seven years. Noting that FCRA §1681c(a)(2) flatly barred On-Site's actions, the court observed that a consumer whose report held an outdated judgment but who obtained a desired apartment as entitled to statutory damages as a consumer whose outdated judgment prevented the desired apartment's acquisition.

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