Smith v. Santander Consumer USA Inc.

In this Fair Credit Reporting Act case, the appellant, a consumer finance company, contends that the appellee did not offer legally sufficient evidence of his various claimed items of damage. Cousin v. Trans Union Corp., 246 F.3d 359 (5th Cir. 2001) is not controlling here, because in the absence of a special verdict, the amount of any recovery for the appellee's non-economic damages, and therefore its sustainability, is purely speculative. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-50007, 12-20-2012.

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