Latest 2 Cases: Denan v. TransUnion LLC (Consumer Law), United States v. Nelson (Criminal Law)

Supreme Court Reverses “Bridgegate” Convictions

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on last week’s decision by the U.S. Supreme Court reversing the convictions of two New Jersey officials for their role in the so-called “Bridgegate” scandal of 2013. Although the Court made clear that the underlying conduct was dangerous and wrong, its holding reversing the convictions may effectively permit corrupt bullies to continue to exercise political power, due in part to inadequate responses from other political actors.

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Denan v. TransUnion LLC

Docket: 19-1519

Opinion Date: May 11, 2020

Judge: Brennan

Areas of Law: Consumer Law

Plaintiffs each obtained loans from online payday lenders affiliated with Native American tribes. Each of their lenders reported delinquencies to Trans Union. One plaintiff contacted Trans Union, which investigated and determined that the report was accurate. Plaintiffs claim that Trans Union violated Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, provisions requiring that consumer reporting agencies “assure maximum possible accuracy of the information” contained in credit reports and re‐investigate disputed items. They did not claim the reports were factually inaccurate; they took out the reported loans and did not contest the debt amounts or the reported payment histories. They claimed the reports were “legally inaccurate” because they posted “legally invalid debts” that were void ab initio under New Jersey and Florida usury laws and that “reasonable procedures designed to ensure the maximum possible accuracy” would have shown that the loans were void. They claim that Trans Union’s screening procedures showed that the lenders lacked licenses to lend outside of tribal reservations and had histories of charging interest in excess of rates permitted in certain states and that Trans Union ignored government investigations and enforcement actions. The district court granted Trans Union judgment on the pleadings. The Seventh Circuit affirmed. FCRA does not compel consumer reporting agencies to determine the legal validity of disputed debts.

United States v. Nelson

Docket: 19-2985

Opinion Date: May 11, 2020

Judge: Diane Pamela Wood

Areas of Law: Criminal Law

Fox Crossing police were dispatched after business hours to an office parking lot. Officer Moe saw an occupied Hyundai Sonata and a Mercedes with a flat tire. As Moe approached, a man exited the Hyundai and said that his name was Adam Nelson. Officer Moe ran a check and found that the man had lied. The man backtracked, explaining that he had a suspended driver’s license and that he was Nicholas Nelson. Officer Haag requested an officer with a trained dog. While talking to the Hyundai’s passengers, Haag noticed the smell of alcohol and marijuana and saw what appeared to be small bits of marijuana. Officer Miller arrived with his trained dog, who alerted on the back driver’s side. Officers searched the car. They found some marijuana and a handgun, underneath a sweatshirt, within reach of the driver. Nelson was a convicted felon. The Wisconsin State Crime Laboratory reported a match between Nelson’s DNA profile and DNA found on the gun’s trigger. The Seventh Circuit affirmed Nelson’s conviction as a felon in possession of a firearm, 18 U.S.C. 922(g), upholding the admission of the drug evidence and of the fact that Nelson and one passenger gave false names. The prosecutor’s reference, during closing argument, to the Hyundai as “his [i.e. Nelson’s] car” was immediately corrected by his statement, “I can rephrase. The car that he was driving.”