Photo of Mark J. Windham

Mark is counsel in the firm’s Consumer Financial Services Practice Group. Mark’s practice includes representing national, regional and local banks, nonbank lenders, and mortgage servicers in federal and state litigation.

In 2011 and 2013, Peri Domante’s personal information was stolen and fraudulently used to open two accounts with Dish Networks, LLC (“Dish”), a provider of television services. After being alerted to the fraud, Domante sued Dish for violation of the Fair Credit Reporting Act (“FCRA”).  The parties settled the lawsuit.  As part of the agreement, Dish promised to flag Domante’s Social Security number to preclude further unauthorized attempts to obtain Dish services. To implement this provision, Dish entered Domante’s personal information, including her date of birth and Social Security number, into an internal system designed to prevent unauthorized accounts from being opened.
Continue Reading Eleventh Circuit Weighs in on FCRA “Legitimate Business Purpose,” Affirms Dismissal in Favor of Defendant Who Accessed Credit Report to Verify Identity and Eligibility