Stout v. FreeScore, LLC, No. 10-56887 (9th Cir. 2014)
Annotate this CasePlaintiff filed a putative class action against FreeScore under the Credit Repair Organizations Act (CROA), 15 U.S.C. 1679 et seq. The district court dismissed the claim, concluding that FreeScore was not a "credit repair organization" as defined in the CROA. The court held, however, that FreeScore was a credit repair organization because FreeScore, through the representations it made on its website and in its television advertising, offered a service, in return for the payment of money, for the implied purpose of providing advice or assistance to consumers with regard to improving the consumer's credit record, history, or rating. Accordingly, the court reversed and remanded for further proceedings.
Court Description: Credit Repair Organizations Act. Reversing the dismissal of a putative class action for failure to state a claim, the panel held that the defendant was a “credit repair organization” for purposes of the Credit Repair Organizations Act because, through the representations it made on its website and in its television advertising, it offered a service, in return for the payment of money, for the implied purpose of providing advice or assistance to consumers with regard to improving their credit record, credit history, or credit rating.
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