FCRA is not a strict liability statute

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FCRA is not a strict liability statute

Postby Administrator » Mon Sep 29, 2014 11:25 pm

FCRA is not a strict liability statute Reply with quote

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The FCRA is not a strict liability statute. Thibodeaux v. Rupers, 196 F.Supp.2d 585 [U.S.D.C. S.D. Ohio 2001] [Claim involving impermissible access of consumer report]; Anderson v. Trans Union LLC, 367 F.Supp.2d 1225 [U.S.D.C. W.D. Wis. 2005]; Sarver v. Experian Information Solutions, 390 F.3d 969 [7th Cir. (Ill.) 2004]; Sepulvado v. CSC Credit Services, Inc., 158 F.3d 890 [5th Cir. (Tex.) 1998] [Reinvestigation claim; generally stating FCRA does not impose strict liability.].
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1. Saenz v. Trans Union, LLC,
Slip Copy, 2007 WL 2401745, D.Or., August 15, 2007 (NO. CV 05-1206-PK)

...opinion. IT IS SO ORDERED. FINDINGS AND RECOMMENDATION PAPAK , Magistrate Judge. In August 2005, plaintiff George H. Saenz filed this Fair Credit Reporting Act (“FCRA”) action against defendants Trans Union, LLC (“Trans Union”), Experian Information Solutions, Inc. (“Experian”), Equifax Information Services LLC...

...545, 554-55 (1990) Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133, 150 (2000) ANALYSIS I Violation Of The Fair Credit Reporting Act Pursuant to 15 U.S.C. § 1681o(a) , a consumer reporting agency which negligently violates its obligations to a consumer under the Fair Credit Reporting Act is liable to the consumer for his or her actual damages, as well as costs and attorney fees...

...a consumer must present evidence tending to show that a credit reporting agency prepared a report containing inaccurate information. The FCRA does not impose strict liability, however-an agency can escape liability if it establishes that an inaccurate report was generated despite the agency's following reasonable procedures. The reasonableness of the procedures...


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2. Johnson v. Equifax, Inc.,
510 F.Supp.2d 638, S.D.Ala., May 31, 2007 (NO. CIV.A.06 0128 BH M)

...108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. To recover on a reasonable procedures claim under the Fair Credit Reporting Act (FCRA), a consumer must prove: (1) a consumer report published to a third party was, in fact, inaccurate...

...the maximum possible accuracy of its consumer reports; and (3) the consumer suffered an injury caused by the agency's negligence. Fair Credit Reporting Act, § 607(b), 15 U.S.C.A. § 1681e(b) [2] 241 Limitation of Actions 241II Computation of Period of...

...or Defense 241k 58 Liabilities Created by Statute 241k 58(1) k. In General. Consumer's reasonable procedures claim under the Fair Credit Reporting Act (FCRA), based on bank's alleged denial of a loan and having to go on food stamps, accrued, and...


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3. Breed v. Nationwide Ins. Co.,
Slip Copy, 2007 WL 1408212, W.D.Ky., May 08, 2007 (NO. CIV A 305CV-547-H)

...Breed (“Plaintiff”), filed suit against Credit Collection Services, Inc. (“CCS”) and Trans Union, LLC (“Trans Union”) for violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., and the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §...

...a consumer report. Although a showing of inaccuracy is an essential element of a claim under § 1681e(b), the FCRA does not impose strict liability for incorrect information appearing on an agency's credit reports. See Spence v. TRW. Inc., 92 F.3d 380, 382-83...

...the subject account to any third party. “A showing of inaccuracy is an essential element of a claim under the Fair Credit Reporting Act.” Spence v. TRW, Inc., 92 F.3d 380, 382 (6th Cir.1996) So far as the Court can...


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4. Dennis v. BEH-1, LLC,
485 F.3d 443, 07 Cal. Daily Op. Serv. 4951, 2007 Daily Journal D.A.R. 6347, C.A.9 (Cal.), May 07, 2007 (NO. 04-56230)

...that its reporting of nonexistent civil judgment against him, and failure to correct report after being notified, constituted violations of Fair Credit Reporting Act (FCRA). The United States District Court for the Central District of California Manuel L. Real , J., entered summary...

...O'SCANNLAIN and JAY S. BYBEE , Circuit Judges. PER CURIAM. We address whether a credit reporting agency is liable under the Fair Credit Reporting Act (FCRA), Pub.L. No. 90-321, 84 Stat. 1128 (codified at 15 U.S.C. § 1681 ), when it relies on...

...them will be jury questions in the overwhelming majority of cases.” Guimond, 45 F.3d at 1333 But while the FCRA requires “maximum possible accuracy,” it does not subject reporting agencies to strict liability. See Commentary on the Fair Credit Reporting Act, 55 Fed.Reg. 18,804, 18,820 (May 4, 1990) Section 1681e(b)] does not require error free consumer reports.” Instead...


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5. Lenox v. Equifax Information Services LLC,
Slip Copy, 2007 WL 1406914, D.Or., May 07, 2007 (NO. CIV. 05-1501-AA)

...case, Gary Lenox and Kimberly Lenox (plaintiffs) bring an action against Equifax Information Services (defendant) for alleged violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 , et seq. Specifically, plaintiffs allege that defendant willfully and negligently violated the FCRA...

...most favorable to the nonmoving party. T.W. Electrical, 809 F.2d at 630 III. PLAINTIFFS' MOTIONS FOR SUMMARY JUDGMENT A. FAIR CREDIT REPORTING ACT CLAIMS The FCRA is a comprehensive statutory scheme that governs the conduct of credit reporting agencies and seeks...

...to carry their burden to prove that genuine injury resulted from defendant's alleged violation. 1. DUTY TO REINVESTIGATE UNDER THE FAIR CREDIT REPORTING ACT The FCRA places a duty on those who furnish credit information to ensure that the information it provides...


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6. Cairns v. GMAC Mortg. Corp.,
Slip Copy, 2007 WL 735564, D.Ariz., March 05, 2007 (NO. CIV 04-1840 PHXSMM)

...to Rule 56 of the Federal Rules of Civil Procedure Plaintiffs have brought claims against Defendant alleging violations of the Fair Credit and Reporting Act, 15 U.S.C. § 1681 The parties have had the opportunity to submit evidence and briefing, and the...

...its clients in evaluating the potential credit risk of consumers. As a consumer reporting agency, Equifax is governed by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”). The FCRA was enacted to protect consumers from the transmission of...

...and current reporting practices. Id. A. Violation of 15 U.S.C. § 1681 1. What Constitutes a Credit Report Under the Fair Credit Reporting Act Section 1681 a(d)(1) provides relevant definitions for interpreting and applying FCRA. It reads in pertinent part...


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7. Miller v. Trans Union LLC,
Slip Copy, 2007 WL 641559, N.D.Ill., February 28, 2007 (NO. 06 C 2883)

...MEMORANDUM OPINION JOHN F. GRADY , United States District Judge. Plaintiff, Kevin D. Miller, filed this action asserting claims under the Fair Credit Reporting Act (“FCRA”) and Illinois law. He alleges that defendants Trans Union LLC, (“TransUnion”), Expression Information Systems, Inc. (“Experian”), and...

...of judgment on any count of the complaint. For example, neither 15 U.S.C. § 1681n nor § 1681o is a strict-liability offense; a plaintiff must prove the FCRA violations were willful or negligent, respectively. Section 1681n(a) provides consumers with a cause of action for “willful” violations of...


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8. Alley v. First American Credco, Inc.,
Slip Copy, 2007 WL 188036, N.D.Ill., January 19, 2007 (NO. 05 C 2130)

...that CREDCO failed to follow reasonable procedures to ensure that it accurately reported her credit information, in violation of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq. Currently before the Court is CREDCO's Motion for Summary Judgment. FACTS...

...contained in Alley's merged credit report was inaccurate does not end the inquiry. The credit reporting agency is not automatically liable even if the consumer proves that it prepared an inaccurate credit report because the FCRA “does not make reporting agencies strictly liable for all inaccuracies.” Cahlin v. General Motors Acceptance Corp., 936 F.2d 1151, 1156 (11th Cir.1991) There is no...


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9. Murphy v. Midland Credit Management, Inc.,
456 F.Supp.2d 1082, E.D.Mo., October 11, 2006 (NO. 4:05CV1545RWS)

...Oct. 31, 2006. Background: Consumer who disputed credit card delinquency reported by credit reporting agencies sued agencies alleging violations of Fair Credit Reporting Act (FCRA). Agencies moved for summary judgment. Holdings: The District Court Sippel , J., held that: (1) agencies could...

...reporting agencies had reported accurate information as to consumer's liability on account, precluding summary judgment, on accuracy grounds, in consumer's Fair Credit Reporting Act (FCRA) action against agencies alleging failure to employ reasonable procedures to assure maximum possible accuracy, and failure to conduct reasonable reinvestigation. Fair Credit Reporting Act, §§ 607(b), 611(a), 15 U.S.C.A. §§ 1681e(b) 1681i(a) [2] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Credit reporting agencies could not be liable, under Fair Credit Reporting Act's (FCRA) “reasonable procedures to assure maximum possible accuracy” provision, for their reporting of allegedly false credit card debt...

...that creditors in question had demonstrated unreliable nature such that agencies should have been alerted to possible systematic reliability problem. Fair Credit Reporting Act, § 607(b), 15 U.S.C.A. § 1681e(b) [3] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Adequacy of consumer reporting agency's procedures under Fair Credit Reporting Act's (FCRA) “reasonable reinvestigation” is judged according to what reasonably prudent person would do under the circumstances. Fair Credit Reporting Act, § 611(a)(1)(A), 15 U.S.C.A. § 1681i(a)(1)(A) [4] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Factors in whether credit reporting agency has conducted “reasonable investigation” under Fair Credit Reporting Act (FCRA) include: (1) whether consumer has alerted agency that initial source of information may be unreliable or if...


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10. Waddell v. Equifax Information Services, LLC,
Slip Copy, 2006 WL 2640557, D.Ariz., September 14, 2006 (NO. CV-05-0092-PHX-DGC)

...also referred to as First Tier Bank & Trust) (“First Tier”), and Equifax Information Services LLC (“Equifax”) violated provisions of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. (“FCRA”). First Tier was dismissed as a Defendant on September 12, 2005...

...and on which that party will bear the burden of proof at trial .” Celotex, 477 U.S. at 322 III. The Fair Credit Reporting Act. The purpose of the FCRA is “to require that consumer reporting agencies adopt reasonable procedures for meeting the...

...claim that it provided Plaintiff with the requested addresses. Dkt. # 60 ¶ 12. Equifax instead contends that it is not strictly liable for its failure to comply with the FCRA-that Plaintiff must show that Equifax acted negligently or willfully before recovering damages under § 1681g Dkt. # 59. Section 1681...


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11. McCelland v. Experian Information Solutions, Inc.,
Not Reported in F.Supp.2d, 2006 WL 2191973, N.D.Ill., July 28, 2006 (NO. 04 C 5686)

...K. McClelland, brings a two count action against Experian Information Solutions, Inc. (“Experian”), alleging defamation and multiple violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq. (2003) Experian has filed a motion for summary judgment pursuant to...

...that the Markham Judgment was erroneously contained in his credit report. However, the Seventh Circuit has repeatedly explained that “the FCRA is not a strict liability statute.” Sarver v. Experian Info. Solutions, 390 F.3d 969, 971 (7th Cir.2004) (citing Henson v. CSC Credit Servs...


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12. Allen v. Experian Information Solutions, Inc.,
Slip Copy, 2006 WL 1388757, S.D.Ill., May 12, 2006 (NO. CIV. 04-817-WDS)

...54) against Equifax Credit Information (“Equifax”), Experian Information Solutions (“Experian”) and Kroll Factual Data Corporation (“Kroll”) alleging violation of the Fair Credit Reporting Act, Section 15 U.S.C. 1681 et seq. (“FCRA”). The amended complaint alleges that plainitff had a $50,000 line of...

...of material fact.” Anderson, 477 U.S. at 247-248 (emphasis in original). DISCUSSION A credit reporting agency “is not automatically liable even if the consumer proves that the agency prepared an inaccurate report because the FCRA does not make reporting agencies strictly liable for all inaccuracies.” Sarver v. Experian Info. Solutions, Inc., 390 F.3d 969, 971 (7 th Cir.2004). The “reasonableness of...

...Experian Info. Solutions, 386 F.3d 829, 834 (7 th Cir.2004). ANALYSIS 1. Count I Claims-Negligent Violations of the Fair Credit Reporting Act The record provides sufficient evidence in support of plaintiff's claim that inaccurate information was contained in his credit...


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13. Jarrett v. Bank of America,
421 F.Supp.2d 1350, D.Kan., March 20, 2006 (NO. CIV.A. 05-2371-KHV)

...victim of identity theft sued two furnishers of credit information and four credit reporting agencies for alleged violations of the Fair Credit Reporting Act (FCRA) and Kansas law, alleging that defendants failed to adequately report and investigate the fact that she disputed...

...state law claim for invasion of privacy against furnishers of credit information, such a claim would be preempted by the FCRA, and (2) consumer was not entitled to injunctive relief which essentially subjected credit reporting agencies to strict liability for inaccuracies that appeared on her future credit reports. Motions granted. West Headnotes [1] 108A Credit Reporting Agencies 108Ak 4...

...Actions by or Against Agency. Congress did not create a private right of action for violation of section of the Fair Credit Reporting Act (FCRA) requiring furnishers of credit information to provide accurate information to a credit reporting agency. Fair Credit Reporting Act, § 623(a), 15 U.S.C.A. § 1681s-2(a) [2] 108A Credit Reporting Agencies 108Ak 4 k. Actions by or Against Agency. Under the Fair Credit Reporting Act (FCRA), only the Federal Trade Commission can seek injunctive relief from a credit reporting agency or reporter of credit information; individual consumers are limited to the remedies provided under the FCRA, i.e., damages and attorney fees. Fair Credit Reporting Act, § 621(a), 15 U.S.C.A. § 1681s(a) [3] 360 States 360I Political Status and Relations 360I(B...


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14. Morris v. Trans Union LLC,
420 F.Supp.2d 733, S.D.Tex., February 23, 2006 (NO. CIV.A. H-04-0577)

...LLC, Defendant. No. Civ.A. H-04-0577. Feb. 23, 2006. Background: Consumer filed suit against consumer reporting agency under the Fair Credit Reporting Act (FCRA), alleging that agency failed to comply with its statutory obligation to reinvestigate disputed items on his credit...

...consumer reporting agency can be held liable for actual damages resulting from the agency's negligent failure to comply with the Fair Credit Reporting Act (FCRA). Fair Credit Reporting Act, § 617, 15 U.S.C.A. § 1681 o. [2] 108A Credit Reporting Agencies 108Ak 4 k. Actions by or Against Agency. Each element of damage asserted by a consumer who alleges that a consumer reporting agency has violated the Fair Credit Reporting Act (FCRA) must be linked to the agency's failure to comply with its FCRA obligations. Fair Credit Reporting Act, § 617, 15 U.S.C.A. § 1681 o. [3] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Although consumer reporting agency violated the Fair Credit Reporting Act (FCRA) by failing to notify creditor of dispute within five days, violation caused consumer no harm and afforded...

...as it would have been had agency initially given creditor notice of consumer's dispute within the five-day statutory period. Fair Credit Reporting Act, §§ 611(a)(2)(A), 617, 15 U.S.C.A. §§ 1681i(a)(2)(A) 1681 o [4] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. The Fair Credit Reporting Act (FCRA) imposes on consumer reporting agencies a duty to conduct a reasonable investigation into any item a consumer disputes. Fair Credit Reporting Act, § 611(a)(1)(A), 15 U.S.C.A. § 1681i(a)(1)(A) [5] 108A Credit Reporting Agencies 108A...


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15. Jackson v. Equifax Information Services, LLC.,
167 Fed.Appx. 144, 2006 WL 334241, C.A.11 (Fla.), February 14, 2006 (NO. 05-11668)

...No. 03-61563-CV-KAM. Feb. 14, 2006. Background: Borrower brought action against credit reporting service, alleging violations of the Fair Credit Reporting Act (FCRA). The United States District Court for the Southern District of Florida granted summary judgment for credit reporting...

...that were not included in record would not be considered on appeal from district court's grant of summary judgment in Fair Credit Reporting Act (FCRA) suit. Consumer Credit Protection Act, § 602 et seq., 15 U.S.C.A. § 1681e et seq. [2] 108A...

...indicating that he was denied credit as a result of allegedly inaccurate credit report precluded finding of liability under the Fair Credit Reporting Act (FCRA). Consumer Credit Protection Act, §§ 607, 611, 15 U.S.C.A. §§ 1681e 1681i Paul A. Jackson, Pembrook Pines...


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16. Cain v. Trans Union LLC,
Not Reported in F.Supp.2d, 2006 WL 328409, W.D.Wash., February 09, 2006 (NO. C04-1779L)

...The Court granted CPA's motion for summary judgment on August 8, 2005. Plaintiffs assert claims against Trans Union under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., and under the Washington Fair Credit Reporting Act (“WFCRA”), RCW 19.182.005 et seq., for willfully and negligently failing to follow reasonable procedures for assuring...

...regarding Mr. Cain that was inaccurate; the report included the Comcast bill as being his when it was not. The FCRA, however, does not impose strict liability. A credit reporting agency “can escape liability if it establishes that an inaccurate report was generated despite the agency's following...


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17. Enwonwu v. Trans Union, LLC,
164 Fed.Appx. 914, 2006 WL 227585, C.A.11 (Ga.), January 31, 2006 (NO. 05-13695)

...Non-Argument Calendar. Jan. 31, 2006. Background: Consumer brought action against credit reporting agency, based on alleged violation of the Fair Credit Reporting Act (FCRA). The United States District Court for the Northern District of Georgia, 364 F.Supp.2d 1361, entered summary...

...consumer's inability to obtain satisfactory financing in three transactions, as was required to establish prima facie case of violation of Fair Credit Reporting Act (FCRA), where there were several other negative entries in consumer's credit report. Fair Credit Reporting Act, § 607, 15 U.S.C.A. § 1681e [2] 170A Federal Civil Procedure 170AXVI New Trial 170AXVI(B) Grounds 170A...

...which court had construed as a motion to reconsider judgment in favor of agency on claim alleging violation of the Fair Credit Reporting Act (FCRA), was not an abuse of discretion, where motion's grounds did not fit within any of the specific...


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18. Anderson v. Trans Union,
405 F.Supp.2d 977, W.D.Wis., December 09, 2005 (NO. 05-C-91-C)

...civil judgments against consumer listed as unsatisfied even though they had been discharged in bankruptcy, sued credit reporting agency under Fair Credit Reporting Act. Agency moved for summary judgment. Holdings: The District Court Crabb , Chief Judge, held that: (1) agency's failure...

...56, 28 U.S.C.A [2] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Consumer's claim of violation of Fair Credit Reporting Act (FCRA) provision requiring credit reporting agencies to “follow reasonable procedures” to assure accuracy in credit reports requires proof...

...resulted from agency's failure to follow reasonable procedures; (3) consumer suffered damages; and (4) damages were caused by inaccurate information. Fair Credit Reporting Act § 607(b), 15 U.S.C.A. § 1681e(b) [3] 108A Credit Reporting Agencies 108Ak 3 k. Liability for...


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19. Simoneaux v. Brown,
403 F.Supp.2d 526, M.D.La., November 07, 2005 (NO. CIV.A.04-715-FJP-SCR)

...order requiring him to reimburse funds he embezzled from his employer brought action against employer's successor, alleging violations of the Fair Credit Reporting Act (FCRA) when the employer's successor obtained joint credit report on the husband and wife in connection with its...

...time the credit report was requested and obtained, so as to hold the successor liable for alleged violations of the Fair Credit Reporting Act (FCRA) when it obtained the joint credit report. Consumer Credit Protection Act, §§ 616, 617, 619, 15 U.S.C.A. §§ 1681n 1681o 1681q [7] 108A Credit Reporting Agencies 108Ak 1 k. Credit Bureaus in General. Section of Fair Credit Reporting Act (FCRA) providing for civil liability for willful noncompliance with the Act is not a strict liability statute. Consumer Credit Protection Act, § 616, 15 U.S.C.A. § 1681n [8] 108A Credit Reporting Agencies 108Ak 4 k. Actions by or Against Agency. For a violation of the Fair Credit Reporting Act (FCRA) to be “ willful ,” thereby justifying an award of punitive damages, a defendant's course of conduct must exhibit...

...15 U.S.C.A. § 1681n [9] 108A Credit Reporting Agencies 108Ak 1 k. Credit Bureaus in General. Under section of the Fair Credit Reporting Act (FCRA) providing for civil liability for negligent noncompliance with the Act, the adequacy of a consumer reporting agency's...


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20. Ruffin-Thompkins v. Experian Information Solutions, Inc.,
422 F.3d 603, C.A.7 (Ill.), September 07, 2005 (NO. 04-1127)

...Argued Nov. 8, 2004. Decided Sept. 7, 2005. Background: Consumer brought action against credit reporting agency, alleging violations of the Fair Credit Reporting Act (FCRA). The United States District Court for the Northern District of Illinois Harry D. Leinenweber , J., granted summary...

...28 U.S.C.A [2] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Once a consumer report exists, the Fair Credit Reporting Act (FCRA) triggers various duties on the part of a reporting agency, including the obligation to reinvestigate when a...

...Reporting Agencies 108Ak 3 k. Liability for False Information. To establish a claim against a credit reporting agency, under the Fair Credit Reporting Act (FCRA), based upon a failure of the agency to conduct a reasonable investigation of a consumer's dispute of...


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21. Schmitt v. Chase Manhattan Bank, N.A.,
Not Reported in F.Supp.2d, 2005 WL 2030483, D.Minn., August 23, 2005 (NO. 03-3295 ADM/AJB)

...case have been previously dismissed. In her Complaint [Docket No. 1 ], Plaintiff Peggy Marie Schmitt (“Plaintiff”) alleges Defendants violated the Fair Credit Reporting Act (“FCRA”) by failing to reasonably investigate and correct false reports that Plaintiff was deceased. For the reasons set...

...a genuine issue for trial.” Krenik v. County of Le Sueur, 47 F.3d 953, 957 (8th Cir.1995) B. Fair Credit Reporting Act Plaintiff alleges Defendants Trans Union and CSC violated 15 U.S.C. §§ 1681e(b) and 1681i of the FCRA...

...15 U.S.C. 1681(b) However, “reasonable procedures” does not require total accuracy, as is reflected in the fact that the FCRA is not a strict liability statute. Henson v. CSC Credit Services, 29 F.3d 280, 284 (7th Cir.1994) The FCRA also sets forth obligations...


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22. Enwonwu v. Trans Union, LLC,
364 F.Supp.2d 1361, N.D.Ga., March 18, 2005 (NO. CIV.A.1:03-CV-282-OD)

...CV-282-OD. March 18, 2005. Background: Consumer brought action against credit reporting agency, based on alleged violation of the Fair Credit Reporting Act (FCRA). Agency moved for summary judgment. Holdings: The District Court Orinda D. Evans , J., held that: (1) FCRA does not make credit reporting agencies strictly liable for all inaccuracies, and (2) inaccurate entry in credit report was not substantial factor in bringing about injuries allegedly suffered by consumer. Motion granted. West Headnotes [1] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Fair Credit Reporting Act (FCRA) does not make credit reporting agencies strictly liable for all inaccuracies. Consumer Credit Protection Act, § 607(b), as amended, 15 U.S.C.A. § 1681e(b) [2] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Case of negligent noncompliance with Fair Credit Reporting Act's (FCRA) reporting accuracy provision consists of four elements: (1) inaccurate information was included in a consumer's credit report...

...§ 1681e(b) [3] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. As with most tort actions, Fair Credit Reporting Act (FCRA) plaintiff must produce sufficient evidence from which a reasonable trier of fact could infer that the inaccurate...

...Second) of Torts § 431(a) [4] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. While a Fair Credit Reporting Act (FCRA) plaintiff must prove that inaccurate entry in credit report was a “substantial factor in bringing about” the...


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23. Molina v. Experian Credit Info. Solutions,
Slip Copy, 2005 WL 5525336, N.D.Ill., January 19, 2005 (NO. 02 C 5561)

...District Court Judge. Mario Molina sued Providian National Bank and Experian Credit Information Solutions claiming that the Defendants violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. According to Molina, Providian failed to conduct a timely investigation after...

...a report containing inaccurate information. Henson v. CSC Credit Serv., 29 F.3d 280, 284 (7th Cir.1994) But the FCRA does not impose strict liability on credit reporting agencies for all inaccuracies. Only when a credit reporting agency failed to follow reasonable procedures to assure...


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24. Sarver v. Experian Information Solutions,
390 F.3d 969, C.A.7 (Ill.), December 01, 2004 (NO. 04-1423)

...No. 04-1423. Argued Sept. 29, 2004. Decided Dec. 1, 2004. Background: Unsuccessful credit applicant sued credit reporting agency under Fair Credit Reporting Act (FCRA), based on inclusion of false information in credit report. The United States District Court for the Northern...

...108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Consumer did not show that he suffered damages under Fair Credit Reporting Act (FCRA) as result of inaccurate information in credit report, where credit reporting agency did not have notice of...

...a), as amended, 15 U.S.C.A. § 1681i(a) [2] 108A Credit Reporting Agencies 108Ak 1 k. Credit Bureaus in General. Fair Credit Reporting Act (FCRA) is not a strict liability statute. Consumer Credit Protection Act, § 602 et seq., as amended, 15 U.S.C.A. § 1681 et seq. [3] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Credit reporting agency was not required under Fair Credit Reporting Act (FCRA) to examine each computer-generated credit report for anomalous information, in order for its procedures to be...


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25. Anderson v. Trans Union, LLC,
345 F.Supp.2d 963, W.D.Wis., November 24, 2004 (NO. 03-C-0510-C)

...03-C-0510-C. Nov. 24, 2004. Background: Consumers brought suit against credit reporting agencies for alleged violations of the Fair Credit Reporting Act (FCRA), and credit defamation in violation of Wisconsin law. Agencies moved for summary judgment or partial summary judgment...

...part. West Headnotes [1] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Consumer reporting agency is not strictly liable under Fair Credit Reporting Act (FCRA) for all inaccuracies; agency will not be liable if it reported inaccurate information on a consumer's credit report provided it followed reasonable procedures to assure maximum possible accuracy...

...agency prepared a report containing inaccurate information, and once the consumer has done that, the agency can escape liability under Fair Credit Reporting Act (FCRA) if it establishes that an inaccurate report was generated despite the agency's following reasonable procedures. Consumer Credit...


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26. Davis v. Equifax Information Services LLC,
346 F.Supp.2d 1164, N.D.Ala., September 15, 2004 (NO. CV 02-P-2924-S)

...action against consumer reporting agency, alleging that agency negligently and/or willfully failed to comply with certain provisions of the Fair Credit Reporting Act (FCRA). Agency moved for summary judgment. Holdings: The District Court Proctor , J., held that: (1) agency acted...

...1] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. To establish prima facie violation of provision of Fair Credit Reporting Act requiring credit reporting agency to follow reasonable procedures to assure maximum possible accuracy of information, consumer must show...

...amended, 15 U.S.C.A. § 1681e(b) [2] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Section of Fair Credit Reporting Act requiring that consumer reporting agency follow reasonable procedures to assure maximum possible accuracy of information does not impose...


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27. Cole v. American Family Mut. Ins. Co.,
333 F.Supp.2d 1038, D.Kan., August 11, 2004 (NO. CIV.A. 04-2073-CM)

...Aug. 11, 2004. Background: Plaintiff brought action against former husband, his fellow employee, and their employer for violation of the Fair Credit Reporting Act (FCRA) by obtaining credit report without cause or permission. Employee moved to dismiss for lack of personal jurisdiction...

...1 k. Credit Bureaus in General. Because a corporation can only act through its officers and directors, violations of the Fair Credit Reporting Act (FCRA) committed by these individuals results in the corporation being directly liable under the Act. Consumer Credit Protection...

...13] 108A Credit Reporting Agencies 108Ak 1 k. Credit Bureaus in General. Insurance company was not directly liable under the Fair Credit Reporting Act (FCRA) for acts of underwriter and fellow employee who obtained credit report of employee's former wife without permission...


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28. McKeown v. Sears Roebuck & Co.,
335 F.Supp.2d 917, W.D.Wis., July 28, 2004 (NO. 03-C-528-C)

...Consumer whose credit report falsely stated that he was deceased sued creditor and credit reporting agencies, alleging violation of the Fair Credit Reporting Act (FCRA), credit defamation, tortious interference with credit expectancy, and invasion of privacy. Defendants moved for summary judgment. Holdings...

...part and denied in part. West Headnotes [1] 108A Credit Reporting Agencies 108Ak 4 k. Actions by or Against Agency. Fair Credit Reporting Act (FCRA) creates a private right of action against consumer reporting agencies for the negligent or willful violation of...

...Credit Reporting Agencies 108Ak 4 k. Actions by or Against Agency. Consumer reporting agency that violates the provisions of the Fair Credit Reporting Act (FCRA) negligently may be liable to the consumer for actual damages, costs, and attorney fees. Consumer Credit Protection...


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29. Lukens v. Dunphy Nissan, Inc.,
Not Reported in F.Supp.2d, 2004 WL 1661220, E.D.Pa., July 26, 2004 (NO. CIV.A. 03-767)

...Judgment. BACKGROUND Plaintiff Gregory Lukens filed this action on February 6, 2003, contending that Defendant Dunphy Nissan, Inc. violated the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., and invaded his privacy, when one of its employees provided Plaintiff's...

...been required in some cases. Ellerth, 524 U.S. at 760 It is not clear whether “something more” is required in FCRA cases, although courts have been hesitant about effectively holding employers strictly liable under the FCRA. Smith v. Sears, Roebuck & Co., 276 F.Supp.2d 603, 610 (S.D.Miss.2003) If something more is required, Defendant's disregard for...


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30. Legge v. Nextel Communications, Inc.,
Not Reported in F.Supp.2d, 2004 WL 5235587, C.D.Cal., June 25, 2004 (NO. CV 02-8676DSF(VNKX))

...consulted her minister. Id. On February 20, 2004, Plaintiffs filed their Second Amended Complaint (“SAC”) alleging violations of: (1) the Fair Credit Reporting Act, 15 U.S.C. § 1681 (“FCRA”); (2) the Equal Credit Opportunity Act, 15 U.S.C. § 1691 (“ECOA”); (3) the...

...not persuaded by the distinction made in Braxton v. Farmer's Ins. Group, 209 F.R.D. at 662, i.e. that TILA, unlike FCRA, imposed strict liability. That issue does not appear to have formed part of Judge Frankel's analysis and does not alleviate the potentially disastrous...


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31. Comeaux v. Experian Information Solutions,
Not Reported in F.Supp.2d, 2004 WL 1354412, E.D.Tex., June 08, 2004 (NO. CIV.A.2:02 CV 0304)

...Doc. # 41). Background On December 11, 2002, Comeaux filed this lawsuit under Sections 1681e(b) and 1681i(a) of the Fair Credit Reporting Act (“FCRA”), claiming that a mixed credit file has caused her to be denied credit with various lenders. More...

...derogatory data in her credit file, which, according to Experian, may have been the cause of any credit denials. The FCRA is not a strict liability statute and permits recovery of “any actual damages sustained by the consumer as a result of [Experian's] failure” to adhere...


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32. Pace v. Experian Information Solutions Inc.,
Not Reported in F.Supp.2d, 2004 WL 1057795, E.D.Tex., April 28, 2004 (NO. CIV.A. 2:03-CV-45)

...part Experian's motion for summary judgment or, alternatively, for partial summary judgment (39, 40). 1. In this case under the Fair Credit Reporting Act (“FCRA”), the defendant, Experian Information Solutions, Inc. (“Experian”), has filed a motion for summary judgment on the plaintiff's...

...2d 507 (1999) Swoager v. Credit Bureau of Greater St. Petersburg, Florida, 608 F.Supp. 972, 974-75 (M.D.Fla.1985) The FCRA, however, “does not impose strict liability for inaccurate entries.” Sepulvado, 158 F.3d at 896 “The standard of conduct by which the trier of fact must...


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33. Graham v. CSC Credit Services, Inc.,
306 F.Supp.2d 873, D.Minn., March 08, 2004 (NO. 02-CV-3707(MJD/JGL))

...02-CV-3707(MJD/JGL). March 8, 2004. Background: Consumer brought action against credit reporting agency for violations of the Fair Credit Reporting Act (FCRA) and for defamation. Holdings: On agency's motion for summary judgment, the District Court Davis , J., held that...

...denied. West Headnotes [1] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Credit reporting agencies are not strictly liable under the Fair Credit Reporting Act (FCRA) for inaccuracies contained in credit reports; instead, a plaintiff must show that the inaccuracy resulted from the agency's failure to...

...before being notified of possible identity theft precluded summary judgment in consumer's action against the agency for violation of the Fair Credit Reporting Act (FCRA). Consumer Credit Protection Act, § 607(b), as amended, 15 U.S.C.A. § 1681e(b) [3] 108A Credit...


--------------------------------------------------------------------------------

34. Molton v. Experian Information Solutions, Inc.,
Not Reported in F.Supp.2d, 2004 WL 161494, N.D.Ill., January 21, 2004 (NO. 02 C 7972)

...Experian Information Solutions, Inc., CBC Credit Services, First National Bank of Marin (“FNBM”), and Marlin Integrated, claiming violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq. Molton settled her claims against CBC Credit Services, FNBM and Marlin...

...sent to Molton by Experian stated that the FNBM account was updated and that Molton had a right under the Fair Credit Reporting Act to have a consumer dispute statement placed on her credit report if she disagreed with the results of...

...11 th Cir.1991)). In Henson the Seventh Circuit went on to explain that the credit reporting agency is not automatically liable even if the consumer proves that it prepared an inaccurate credit report because the FCRA “does not make reporting agencies strictly liable for all inaccuracies.” A credit reporting agency is not liable under the FCRA if it followed “reasonable procedures to assure...


--------------------------------------------------------------------------------

35. Nelski v. Trans Union, LLC,
86 Fed.Appx. 840, 2004 WL 78052, C.A.6 (Mich.), January 15, 2004 (NO. 02-2187)

...02-2187. Jan. 15, 2004. Background: Consumer brought suit in state court against credit reporting agency, alleging violations of the Fair Credit Reporting Act (FCRA), and asserting defamation under Michigan law. Action was removed to federal court. The United States District Court...

...unreasonably in response to consumer's requests to remove false accounts from her credit report, as would establish violation of the Fair Credit Reporting Act (FCRA), absent showing that agency acted negligently or wilfully in failing to delete the accounts. Consumer Credit Reporting...

...report or delete accounts within 30 days after consumer notified agency that she disputed the accounts, as required by the Fair Credit Reporting Act (FCRA); although consumer asserted that she sent a letter notifying agency about 50 days before agency deleted accounts...


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36. Acton v. Bank One Corp.,
293 F.Supp.2d 1092, D.Ariz., November 07, 2003 (NO. 01-0738-PHX-DGC)

...No. 01-0738-PHX-DGC. Nov. 7, 2003. Background: Consumer sued creditor and credit reporting agency for violation of the Fair Credit Reporting Act (FCRA). Agency moved for summary judgment. Holdings: The District Court Campbell , J., held that: (1) consumer's claim under the FCRA provision governing the accuracy of credit reports was time-barred; (2) consumer's claim under the FCRA provision governing the reinvestigation of disputes was not time-barred; (3) the FCRA provision governing the reinvestigation of disputes does not impose strict liability but, rather, is subject to a “reasonable procedures” defense; (4) the reasonableness of the agency's procedures was a question for the jury to decide; (5) consumer failed to establish that agency's failure to comply with FCRA caused the cancellation of his home purchase, so as to give rise to a claim for actual damages; (6...

...denied in part. West Headnotes [1] 108A Credit Reporting Agencies 108Ak 1 k. Credit Bureaus in General. Purpose of the Fair Credit Reporting Act (FCRA) is to assure consumers that reporting agencies use reasonable procedures for collecting, using, and disseminating information. Consumer...

...amended, 15 U.S.C.A. § 1681(b) [2] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Under the Fair Credit Reporting Act (FCRA), if a consumer disputes the completeness or accuracy of any item of information after a report is...


--------------------------------------------------------------------------------

37. Waggoner v. Trans Union, LLC,
Not Reported in F.Supp.2d, 2003 WL 22220668, N.D.Tex., July 17, 2003 (NO. CIV.A. 302CV1494G)

...rates, despite her substantial income. Complaint ¶ 4.15. Waggoner avers that Trans Union has violated various sections of the Fair Credit Reporting Act (“FCRA”), § 1681, et seq. Specifically, Waggoner asserts that Trans Union failed to follow procedures to ensure the...

...and as to which she will bear the burden of proof at trial. Celotex, 477 U.S. at 322-23 B. Fair Credit Reporting Act A credit reporting agency which negligently fails to comply with a requirement of the FCRA is liable for...

...5th Cir.1982) Swoager v. Credit Bureau of Greater St. Petersburg, Florida, 608 F.Supp. 972, 974-75 (M.D.Fla.1985) The FCRA, however, “does not impose strict liability for inaccurate entries.” Sepulvado, 158 F.3d at 896 In the Fifth Circuit, “[t]he standard of conduct by which the...


--------------------------------------------------------------------------------

38. Smith v. Sears, Roebuck and Co.,
276 F.Supp.2d 603, S.D.Miss., May 30, 2003 (NO. CIV. 3:01-CV-675LN)

...was negligent or reckless in not preventing ex-wife from accessing plaintiff's credit report for improper purposes in violation of Fair Credit Reporting Act (FCRA). On employer's motion for summary judgment, the District Court Tom S. Lee , Chief Judge, held that employer...

...granted. West Headnotes [1] 108A Credit Reporting Agencies 108Ak 1 k. Credit Bureaus in General. Subscriber is not liable under Fair Credit Reporting Act (FCRA) for its employee's unauthorized willful violations thereof, where employee of subscriber obtains credit report under false pretenses...

...Bureaus in General. Subscriber to consumer credit reporting agency did not breach any affirmative duty it might have owed under Fair Credit Reporting Act (FCRA) in failing to prevent employee from accessing her ex-husband's credit report for improper purpose; subscriber had...


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39. Olwell v. Medical Information Bureau,
Not Reported in F.Supp.2d, 2003 WL 79035, D.Minn., January 07, 2003 (NO. CIV. 01-1481 JRTFLN)

...J. Plaintiff filed this action against defendants Medical Information Bureau (“MIB”) and Lincoln Benefit Life Company (“Lincoln Benefit”) under the Fair Credit Reporting Act (“FCRA”) alleging that they falsely reported that he is a smoker. Plaintiff claims this false report caused him...

...MIB's refusal to correct, amend, or delete recorded personal information. Plaintiff did not submit such a statement. ANALYSIS I. The Fair Credit Reporting Act FN 3 [ FN3.] 15 U.S.C. §§ 1681 et seq. The crux of plaintiff's complaint under the FCRA is that...

...however, that the import of a positive test for cotinine is to assume that the applicant is a smoker. The FCRA does not impose strict liability for all errors on reports. Guimond v. Trans Union Credit Info. Co., 45 F.3d 1329, 1333 (9 th Cir.1995...


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40. Braxton v. Farmer's Ins. Group,
209 F.R.D. 654, N.D.Ala., September 16, 2002 (NO. CIV.01-N-03174-E)

...Insured under homeowners' policy brought action against insurer alleging that insurer failed to comply with the notice requirements of the Fair Credit Reporting Act (FCRA) when it raised his premium in partial reliance on information contained in his consumer credit report. On...

...by 50% or more in reliance on information contained in consumer credit reports without complying with notice requirements of the Fair Credit Reporting Act (FCRA) satisfied numerosity requirement of class action rule; plaintiff alleged that class contained more than 5,000 individuals, and...

...by 50% or more in reliance on information contained in consumer credit reports without complying with notice requirements of the Fair Credit Reporting Act (FCRA) satisfied commonality requirement of class action rule; nucleus of operative facts was common to all members of...


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41. Batdorf v. Trans Union,
Not Reported in F.Supp.2d, 2002 WL 1034048, N.D.Cal., May 15, 2002 (NO. C-00-00501 CRB)

...C-00-00501 CRB. May 15, 2002. MEMORANDUM AND ORDER BREYER District J. Plaintiff brings this action pursuant to the Fair Credit and Reporting Act (“FCRA”). He alleges defendant Trans Union LLC (“Trans Union” or “defendant”) inaccurately reported a delinquent account and...

...Ins. Co., 23 F.Supp.2d 1160, 1164 (S.D.Cal.1998) Nor could a reasonable jury find that defendant acted negligently. “The FCRA does not impose strict liability -an agency can escape liability if it establishes that an inaccurate report was generated despite the agency's following reasonable procedures.” Guimond, 45 F.3d at...


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42. Obabueki v. Choicepoint, Inc.,
236 F.Supp.2d 278, S.D.N.Y., May 02, 2002 (NO. 99 CIV. 11262 (AGS), 99 CIV. 12486 (AGS))

...failure of company to insist upon statement from employer that information would not be used for illegal purpose, required under Fair Credit Reporting Act (FCRA), was not cause of job offer withdrawal. Motion denied. West Headnotes [1] 108A Credit Reporting Agencies 108Ak 1 k. Credit Bureaus in General. Company providing background check of prospective employee did not violate Fair Credit Reporting Act (FCRA) by accurately reporting to employer prospect's conviction on state charges of public assistance fraud, instead of omitting...

...conviction had been dismissed, was not cause of withdrawal of employment offer, precluding suit by prospective employee against company under Fair Credit Reporting Act (FCRA); there was evidence that employment offer was withdrawn due to employer's determination that prospect had lied on...

...to certify that information provided would not be used for illegal purpose, precluded suit by prospective employee against company under Fair Credit Reporting Act (FCRA); there was evidence that employment offer was withdrawn due to employer's determination that prospect had lied on...


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43. Thomas v. Trans Union, LLC.,
197 F.Supp.2d 1233, D.Or., March 21, 2002 (NO. 00-1150-JE)

...2002. Converted to Opinion and Order upon parties' consent March 26, 2002. Consumer brought action against credit reporting agency under Fair Credit Reporting Act (FCRA) alleging that agency failed to follow reasonable procedures to assure maximum possible accuracy of information in its...

...West Headnotes [1] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. The elements of a claim under Fair Credit Reporting Act (FCRA) for failure to reinvestigate are: (1) the plaintiff's credit file contains inaccurate or incomplete information; (2) the...

...as amended, 15 U.S.C.A. § 1681i(a) [2] 108A Credit Reporting Agencies 108Ak 1 k. Credit Bureaus in General. The Fair Credit Reporting Act (FCRA) does not impose strict liability on a credit reporting agency. Consumer Credit Protection Act, § 611(a), as amended, 15 U.S.C.A. § 1681i(a) [3...


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44. Heupel v. Trans Union LLC,
193 F.Supp.2d 1234, N.D.Ala., February 07, 2002 (NO. 00CV1463)

...00-CV1463-NW. Feb. 7, 2002. Consumer brought action in state court against credit reporting company alleging violations of the Fair Credit Reporting Act (FCRA) and defamation and company removed action to federal court. On company's motion for summary judgment, the District...

...Reporting Agencies 108Ak 3 k. Liability for False Information. In order to recover on a reasonable procedures claim under the Fair Credit Reporting Act (FCRA), a plaintiff must show that: (1) the defendant was negligent in that it failed to follow reasonable...

...108Ak 3 k. Liability for False Information. In order to make out a prima facie reasonable procedures claim under the Fair Credit Reporting Act (FCRA), a consumer must present evidence tending to show that a credit reporting agency prepared a report containing inaccurate information; the FCRA does not make reporting agencies strictly liable for all inaccuracies, consequently, even if it generated an inaccurate report, an agency may escape liability by showing that it followed reasonable procedures. Consumer Credit Protection Act, § 607(b), as amended, 15 U.S.C.A. § 1681e...


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45. Dickens v. Trans Union Corp.,
18 Fed.Appx. 315, 2001 WL 1006259, C.A.6 (Tenn.), August 23, 2001 (NO. 00-5605)

...CORPORATION, Defendant-Appellee. No. 00-5605. Aug. 23, 2001. Guarantor filed suit against consumer credit reporting agency alleging violations of Fair Credit Reporting Act (FCRA). The United States District Court for the Middle District of Tennessee entered judgment in favor of agency...

...2) agency adequately reinvestigated report. Affirmed West Headnotes [1] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Fair Credit Reporting Act (FCRA) does not impose strict liability for inaccuracies; rather, it requires reasonable care. Consumer Credit Protection Act, § 607(b), as amended, 15 U.S.C.A. § 1681e...

...that guarantor was “Included in Bankruptcy” and that loan was “Charged Off as Bad Debt,” and thus did not violate Fair Credit Reporting Act (FCRA), even though guarantor did not himself file for bankruptcy and loan was later paid in full, where...


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46. Thibodeaux v. Rupers,
196 F.Supp.2d 585, S.D.Ohio, August 13, 2001 (NO. C-1-99-695)

...695. Aug. 13, 2001. Ex-husband sued his ex-wife's brother and the brother's company, alleging that they violated the Fair Credit Reporting Act (FCRA) by willfully or negligently obtaining the ex-husband's credit report under false pretenses and without permissible purpose. On the ex-husband's motion for summary judgment as to liability, and defendants' motion to strike, the District Court Beckwith , J., held that: (1) provision of the Consumer Credit Reporting Reform...

...Act of 1996 (CCRRA) which explicitly restricted the use of consumer reports to enumerated permissible purposes did not create a strict liability statute; (2) purpose for which the brother obtained a credit report on the ex-husband was not a permissible purpose under the FCRA; but (3) genuine issues of material fact existed as to whether the brother acted willfully and knowingly, or even negligently...

...Act of 1996 (CCRRA) which explicitly restricted the use of consumer reports to enumerated permissible purposes did not create a strict liability statute; rather, to recover for a violation of the Fair Credit Reporting Act (FCRA), a plaintiff must demonstrate either willful or knowing conduct under the FCRA section addressing civil liability for knowing noncompliance, or negligent conduct under the section imposing civil liability for negligently failing to comply with the FCRA's requirements. Consumer Credit Protection Act, §§ 604, 602(b), 617, as amended, 15 U.S.C.A. §§ 1681b 1681n(b) 1681o [2...


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47. Dalton v. Capital Associated Industries, Inc.,
257 F.3d 409, 17 IER Cases 1313, C.A.4 (N.C.), July 16, 2001 (NO. 00-2337)

...April 4, 2001. Decided July 16, 2001. Job applicant sued consumer reporting agency and three of its employees under the Fair Credit Reporting Act (FCRA) and state law for following inadequate procedures in reporting his criminal history to a prospective employer. The...

...West Headnotes [1] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. A consumer reporting agency violates the Fair Credit Reporting Act (FCRA) if (1) the consumer report contains inaccurate information and (2) the reporting agency did not follow reasonable...

...Consumer Credit, Cases Involving. (Formerly 170Ak2481 There was a triable issue of fact, precluding summary judgment on claim under the Fair Credit Reporting Act (FCRA), as to whether consumer reporting agency reported accurate information when it prepared a report for a prospective...


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48. Jensen v. Experian Info. Solutions, Inc.,
Not Reported in F.Supp.2d, 2001 WL 1045510, E.D.Tex., March 30, 2001 (NO. 4:00CV40)

...birth, different social security numbers and other unique identifiers and data. Plaintiff brings this suit for alleged violations of the Fair Credit reporting Act (“FCRA”). On February 20, 2001, Plaintiff filed his motion for summary judgment on the issue of liability. On...

...CSC Credit Services, Inc., 199 F.3d 263, 267 n. 3 (5th Cir.) cert. denied 120 S.Ct. 2718 (2000) The FCRA does not make credit reporting agencies strictly liable for inaccuracies that may exist. Cahlin, 936 F.2d at 1156 In deciding whether a credit reporting agency's procedures in...


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49. Batdorf v. Trans Union,
Not Reported in F.Supp.2d, 2000 WL 635455, N.D.Cal., May 08, 2000 (NO. C 00-0501 CRB)

...UNION, et al., Defendants. No. C 00-0501 CRB. May 8, 2000. MEMORANDUM AND ORDER BREYER , J. This is a Fair Credit Reporting Act (“FCRA”) lawsuit. Now before the Court are defendants' motions to dismiss and plaintiff's cross-motion for summary judgment...

...reasonable procedures on the ground that the first amended complaint does not sufficiently allege that Trans Union acted willfully. The FCRA does not impose strict liability for reporting an inaccurate item. Section 1681e(b) provides: “Whenever a consumer reporting agency prepares a consumer report it shall...


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50. Washington v. CSC Credit Services Inc.,
199 F.3d 263, 45 Fed.R.Serv.3d 689, C.A.5 (La.), January 07, 2000 (NO. 98-31209)

...Information Services Inc., Defendants-Appellants. No. 98-31209. Jan. 7, 2000. Consumers brought suit alleging that credit reporting agencies violated Fair Credit Reporting Act (FCRA) by failing to “maintain reasonable procedures” before providing their credit reports to insurance companies. The United States...

...Civ.Proc.Rule 23, 28 U.S.C.A [2] 108A Credit Reporting Agencies 108Ak 1 k. Credit Bureaus in General. To maintain action under Fair Credit Reporting Act (FCRA) for failure of credit reporting agency to “maintain reasonable procedures” before providing credit report to insurance companies...

...over which they have jurisdiction. [4] 108A Credit Reporting Agencies 108Ak 4 k. Actions by or Against Agency. (Formerly 212k107 Fair Credit Reporting Act (FCRA) does not allow private litigants to obtain injunctive relief; affirmative grant of power to Federal Trade Commission...


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51. O'Connor v. Trans Union Corp.,
Not Reported in F.Supp.2d, 1999 WL 773504, E.D.Pa., September 29, 1999 (NO. CIV. A. 97-4633)

...or Plaintiff”) brought this action against Defendant Trans Union Corporation LLC (“Defendant” or “Trans Union”) alleging various violations of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. (198 Cool (“FCRA”) and Pennsylvania tort law. In his complaint, O'Connor alleges...

...768 F.Supp. 434, 437 (S.D.N.Y.1991) But even if the information is inaccurate, a credit reporting agency is not held strictly liable under the FCRA merely for reporting it; rather, the consumer must show that the agency failed to follow reasonable procedures in generating the...


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52. Fomusa v. Energy Sharing Resources, Inc.,
Not Reported in F.Supp.2d, 1999 WL 436596, N.D.Ill., June 28, 1999 (NO. 96 C 50410)

...Inc. (Enshare) and Transportation Information Services, Inc. d/b/a DAC Services (DAC) alleging in Count I violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., by DAC and, in Count II, defamation per se by Permian, Commodity...

...3d 280, 284 (7 th Cir.1994). However, even if plaintiff successfully makes such a showing, DAC is not necessarily liable because the FCRA does not make reporting agencies strictly liable. Id. DAC avoids liability if it can present facts to show that it followed reasonable procedures to assure maximum possible...


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53. Natale v. TRW, Inc.,
Not Reported in F.Supp.2d, 1999 WL 179678, N.D.Cal., March 30, 1999 (NO. C 97-3661 CRB)

...March 26, 1999, the motions for partial summary judgment are GRANTED in part and DENIED in part. BACKGROUND A. The Fair Credit Reporting Act This is an action under the Fair Credit Reporting Act (“FCRA”) and California Consumer Credit Reporting Agencies Act (“CCRAA”). The FCRA requires “that consumer reporting agencies adopt reasonable...

...a consumer must present evidence tending to show that a credit reporting agency prepared a report containing inaccurate information The FCRA does not impose strict liability, however-an agency can escape liability if it establishes that an inaccurate report was generated despite the agency's following reasonable procedures. The reasonableness of the procedures...


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54. Kodrick v. Ferguson,
54 F.Supp.2d 788, N.D.Ill., February 16, 1999 (NO. 98 C 576)

...98 C 576. Feb. 16, 1999. Consumer brought action against loan officer and loan officer's former employer, alleging violations of Fair Credit Reporting Act (FCRA). Employer moved to dismiss. The District Court Moran , Senior District Judge, held that employer was not liable...

...approval of her supervisors. Motion granted. West Headnotes [1] 108A Credit Reporting Agencies 108Ak 1 k. Credit Bureaus in General. Fair Credit Reporting Act (FCRA) does not impose strict liability on subscriber when subscriber's employee obtains report for personal use by falsely certifying permissible purpose for obtaining consumer's credit report...

...1681 et seq. [2] 108A Credit Reporting Agencies 108Ak 1 k. Credit Bureaus in General. Subscriber was not liable under Fair Credit Reporting Act (FCRA) for its employee's unauthorized willful violations of FCRA, where employee obtained consumer's credit report under false pretenses...


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55. Andrews v. Trans Union Corp. Inc.,
7 F.Supp.2d 1056, C.D.Cal., May 27, 1998 (NO. CV 96-7369 LGB VAPX)

...TRANS UNION CORP. et al., Defendants. No. CV 96-7369 LGB VAPX. May 27, 1998. Consumer brought suit under the Fair Credit Reporting Act (FCRA) and under fair credit reporting provisions of California law to recover damages for reporting agencies' improper release of her files in connection with credit...

...16) k. Consumers' Remedies. Discovery rule does not apply, to toll statute of limitations on “improper disclosure” claim under the Fair Credit Reporting Act (FCRA), except where consumer credit reporting agency has materially and willfully misrepresented information that it was required to...

...3] 108A Credit Reporting Agencies 108Ak 1 k. Credit Bureaus in General. In ruling on “improper disclosure” claim under the Fair Credit Reporting Act (FCRA), court must initially determine whether consumer credit reporting agency made disclosure to person whom it had reason...


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56. Philbin v. Trans Union Corp.,
101 F.3d 957, 65 USLW 2401, C.A.3 (N.J.), December 06, 1996 (NO. 96-5030)

...28, 1996. Decided Dec. 6, 1996. Credit applicant brought suit in state court against credit reporting agencies, alleging violations of Fair Credit Reporting Act (FCRA). Action was removed to federal court. The United States District Court for the District of New Jersey...

...not capable of being admissible at trial and could not be considered on motion for summary judgment in support of Fair Credit Reporting Act (FCRA) claim against credit reporting service; plaintiff was unable to identify person who made statement, and he did...

...108Ak 4 k. Actions by or Against Agency. Given amorphous nature of emotional damages, consumer suing credit reporting agencies under Fair Credit Reporting Act (FCRA) stated such damages with sufficient degree of particularity, where, in answers to interrogatories, consumer stated that he...


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57. King v. MTA Bridges and Tunnels,
933 F.Supp. 220, E.D.N.Y., July 23, 1996 (NO. CIV.A. CV-94-3578 DG)

...requested credit report on employee, and credit bureau and investigators who obtained the report, alleging that credit inquiry violated Federal Fair Credit Reporting Act. The District Court Trager , J., held that: (1) employee failed to prove that defendants acted other than in...

...Reporting Agencies 108Ak 1 k. Credit Bureaus in General. Employee failed to prove that credit bureau or investigators violated Federal Fair Credit Reporting Act by requesting credit report on employee at request of employer where employee could produce no facts supporting any...

...3] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. To succeed on claim under section of Federal Fair Credit Reporting Act concerning accuracy of credit reports, plaintiff must establish that (1) consumer reporting agency was negligent in that it...


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58. Podell v. Citicorp Diners Club, Inc.,
914 F.Supp. 1025, S.D.N.Y., February 05, 1996 (NO. 94 CIV. 0813 (CSH))

...and Equifadx, Inc., Defendant. No. 94 Civ. 0813 (CSH). Feb. 5, 1996. Consumer sued credit reporting agencies, seeking damages under Fair Credit Reporting Act (FCRA). Agencies moved for summary judgment. The District Court Haight , Senior District Judge, held that: (1) credit reporting...

...law. Fed.Rules Civ.Proc.Rule 56(e), 28 U.S.C.A [2] 108A Credit Reporting Agencies 108Ak 3 k. Liability for False Information. Under Fair Credit Reporting Act (FCRA), credit reporting agency is not strictly liable for inaccuracies in credit report, and thus, even if report contains inaccuracies, agency will escape liability if it establishes that report was generated by following reasonable procedures. Fair Credit Reporting Act, § 611, as amended, 15 U.S.C.A. § 1681i [3] 108A Credit Reporting Agencies 108Ak 4 k. Actions by or Against Agency. Under Fair Credit Reporting Act (FCRA), consumer plaintiff bears burden of proving that credit reporting agency acted negligently with respect to investigating and deleting inaccurate information. Fair Credit Reporting Act, § 611, as amended, 15 U.S.C.A. § 1681i [4] 108A Credit Reporting Agencies 108Ak 3 k. Liability for...

...Credit reporting agency was entitled to dismissal of consumer's claim that agency acted negligently, in violation of its obligations under Fair Credit Reporting Act (FCRA), by not communicating with consumer after vendor advised agency that consumer was indebted to vendor; it was...


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59. Cisneros v. U.D. Registry, Inc.,
39 Cal.App.4th 548, 46 Cal.Rptr.2d 233, 95 Cal. Daily Op. Serv. 8240, 95 Daily Journal D.A.R. 14,180, Cal.App. 2 Dist., October 19, 1995 (NO. B055499)

...renters sued company in business of gathering information regarding residential renters and selling information to landlords alleging ....

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NOTE: THIS IS THE SAME JUDGE FROM SD ALA. MOBILE THAT RENDERED THE DECISION IN RILEY V. EQUIFAX [IT IS A MUST READ CASE]. NOW, HE PERMITS AIIB ON WIFE'S REPORT WHEN EX-HUSBAND FILES BK POST-DIVORCE. PLAINLY WRONG RESULT AGAIN.

============
Johnson v. Equifax, Inc.
510 F.Supp.2d 638
S.D.Ala.,2007.
May 31, 2007

FINDINGS OF FACT; CONCLUSIONS OF LAW AND ORDER


W.B. HAND, Senior District Judge.

This action is before the Court on a motion for summary judgment (Docs. 47-49) filed by Trans Union LLC (“Trans Union”), the sole remaining defendant in this litigation.FN1 Upon consideration of the motion, plaintiff's response in opposition thereto (Doc. 52), Trans Union's reply (Docs. 54-55), and all other pertinent portions of the record, the Court concludes that the motion for summary judgment is due to be granted.


FN1. Equifax, Inc. And Equifax Credit Information Services, Inc. were dismissed on April 17, 2002 (Doc. 15), pursuant to the stipulation of the parties.


FINDINGS OF FACT


Upon consideration of all the evidence of record, the Court finds that the following facts are either undisputed or uncontradicted by the plaintiff:


1. During Plaintiff Brenda Lyn Johnson's (“Johnson's”) marriage to John Norman Murphy (“ex-husband”) the couple opened numerous joint credit accounts, including MBNA account no.... 0581 (“MBNA account”).FN2 Ex. A, pp. 23-24; Ex. G, pp. 50-60. The couple was divorced in March 1997. Plaintiff's First Amended Complaint (“Compl.”), ¶ 6.


FN2. That account was originally reported to Trans Union as account no. ...0667. The number was later changed and reported to Trans Union as ...0581. Ex. B, ¶ 10. The account statements from MBNA reflect that the account number was changed in October 1998 after the account was closed. Ex. G, pp. 59-60.
2. After their divorce in 1997, Johnson's ex-husband took all of the couples joint credit cards and paperwork associated with those credit cards and moved to Texas. Ex. A, pp. 26-27. Johnson did not attempt to close or remove her name from the joint accounts she held with her ex-husband. Ex. A, p. 155. Included in those credit cards was the disputed MBNA account. Ex. A, pp. 23-24.


3. Johnson's ex-husband subsequently filed for Chapter 13 Bankruptcy on May 11, 1998. Ex. C, pp. 67-96. Johnson's ex-husband's bankruptcy was concluded on June 20, 2003. Ex. C, p. 103. Among the accounts that were discharged in his bankruptcy was the MBNA account, jointly held with Johnson. Ex. C, pp. 9-10.


4. Johnson first learned her husband had filed for Bankruptcy at some point in 1998 when she applied for a loan at Regions Bank (“Regions”). Ex. A, p. 31. FN3


FN3. Johnson testified that she called her ex-husband some time after she went to Regions Bank for a loan. Johnson could not recall a specific date but believed it to be in the March of 1998. Ex. A, pp. 27-32.
*643 5. By at least September 1998, MBNA reported Johnson's MBNA account to Trans Union with a comment of “included in bankruptcy,” indicating the account was included in a bankruptcy proceeding. Ex. D, ¶ 3. On June 20, 2003, Johnson's ex-husband's bankruptcy was concluded. Ex. C, p. 103. In June 2003, the “included in bankruptcy” comment was removed from Johnson's MBNA account and has not been reported since then. Ex. D, ¶ 5.


6. Johnson's claimed damages are based on the following events: FN4 a loan sought from Regions Bank in 1998, financing sought from Ford Motor Credit in 2005, and qualifying to go on food stamps from 1998 to 2000. Although Johnson appears at first blush to take issue with this undisputed fact (Opposition Brief at 1-4), she in fact only argues that she is entitled to compensation for, inter alia, her alleged “shame, humiliation, embarrassment” resulting from these three events


FN4. Johnson testified that her only claims for damages relate only to Regions, Ford, and going on food stamps. Ex. A, p. 142. To the extent Johnson attempts for the first time in her opposition brief to assert new claims relating to consumer reports provided to Sears and Surpas and firm offers of credit inquiries by Applied Card, Capital One and DMCCB, such claims are not timely asserted either with respect to the applicable procedural rules governing motions for summary judgment or with respect to the applicable statute of limitation which would bar such claims.
7. In March 1998, Johnson claims she attempted to get a loan with Regions Bank (“Regions”) in Notasulga, Alabama. Ex. A, pp. 28-30. Johnson alleges she could not obtain a $1,000 loan with Regions because she was told by a Region's employee that she was “in bankruptcy.” Ex. A, p. 29. Regions never obtained Johnson's Trans Union consumer report.FN5 Ex. D, ¶ 6.


FN5. The Fair Credit Reporting Act defines “consumer report” as “any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing....” 15 U.S.C. § 1681a(d). “Consumer reports” are more commonly known as “credit reports.” The term “credit file” refers to “all the information on that consumer recorded or retained by a consumer reporting agency.” 15 U.S.C. § 1681a(e)(g).
8. Johnson alleges that she attempted to purchase an automobile with financing from Ford Motor Credit (“Ford”) in 2005 and was denied that financing. Ex. A, pp. 86-88. No Trans Union consumer report was ever obtained by Ford. Ex. D, ¶ 6.


9. Johnson claims she was forced to go on food stamps from 1998 to 2000 because she qualified for them based on her income. Ex. A, pp. 54-55. No Trans Union report was used to determine her qualification or need for food stamps. Ex. D, ¶ 6.


10. Johnson claims she suffered mental and emotional distress as a result of Trans Union reporting the comment of “included in bankruptcy” on her MBNA account. Compl., ¶ 12. Johnson never saw her Trans Union consumer report until after suit was filed and after the “included in bankruptcy” comment was removed. Ex. A, pp. 35-36.


11. Johnson has never contacted Trans Union to dispute any information appearing on her Trans Union consumer file. Ex. A, pp. 36-37, Ex. B, ¶ 12. Prior to the filing of this lawsuit in August 2005, Johnson never saw a Trans Union consumer report with a comment on her MBNA account of “included in bankruptcy.” Ex. A, pp. 35-36. By that time the comment had been off her file for two years. Ex. D, ¶ 5.


12. Trans Union has never reported a bankruptcy record on Johnson's Trans Union*644 credit file that showed she had personally filed for bankruptcy. Ex. D, ¶ 7.



CONCLUSIONS OF LAW


A. Standard of Review.

1. The party seeking summary judgment bears “the initial burden to show the district court, by reference to materials on file, that there are no genuine issues of material fact that should be decided at trial.” Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). In deciding a motion for summary judgment, the Court must determine whether “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed. Rule. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).


2. When faced with a motion for summary judgment, the non-movant bears the burden of coming forward with sufficient evidence that proves every element of a claim on which such non-movant has the burden of proof. See, Anderson v. Liberty Lobby Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Celotex, 477 U.S. at 317, 106 S.Ct. 2548.


3. The “mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment .... [o]nly factual disputes that are material under the substantive law governing the case will preclude entry of summary judgment.” Lofton v. Secretary of Dep't of Children and Family Services, 358 F.3d 804, 809 (11th Cir.2004) (citations omitted).


4. A defendant moving for summary judgment is not required to disprove every element of the plaintiff's case to prevail. Instead, the defendant is required to demonstrate only that plaintiff will be unable to meet his or her burden of proof on any essential element of his or her claims. As Fed.R.Civ.P. 56(c) points out, summary judgment should be granted when it becomes apparent that the plaintiff is unable to “make a showing sufficient to establish an element essential to that party's case, and on which that party would bear the burden of proof at trial.” Andrews v. Trans Union Corp., 7 F.Supp.2d 1056, 1064 (C.D.Cal.1998) ( citing Celotex Corp. v. Catrett, 477 U.S. at 322, 106 S.Ct. 2548). Therefore, Trans Union can obtain summary judgment simply by demonstrating a lack of evidence on any element of Plaintiff's case.


B. Plaintiff Cannot Recover Under the FCRA

5. Johnson's claims are all based on the “included in bankruptcy” comment that temporarily appeared on her MBNA account. Compl. ¶¶ 9, 14, 20, and 25; Ex. F, pp. 2-3 (Pls. Answers to Interrogatory Nos. 4 and Cool. Johnson has asserted a claim under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681e(b) and a common law claim of invasion of privacy.


[1] 6. To recover on a claim for negligent violation of § 1681e(b), Johnson must prove: (a) a consumer report published to a third party was, in fact, inaccurate, (b) Trans Union failed to follow reasonable procedures to ensure the maximum possible accuracy of its consumer reports, and (c) she suffered an injury caused by Trans Union's negligence. Heupel v. Trans Union LLC, 193 F.Supp.2d 1234, 1239 (N.D.Ala.2002); see also Cassara v. DAC Servs., Inc., 276 F.3d 1210, 1217 (10th Cir.2002).


[2] [3] [4] 7. As an initial matter, Johnson's claims based on the alleged denial by Regions of a loan in 1998 and having to go on food stamps in 1998 are barred by the FCRA's statute of limitations. *645 Section 1681(p) of the FCRA states that a Plaintiff must bring an action to enforce any liability “within two years from the date on which the liability arises.” FN6 The limitation period for the tort begins on “the date upon which the erroneous information is transmitted by the credit agency to the potential user.” Barron v. Trans Union Corp., 82 F.Supp.2d 1288, 1293 (M.D.Ala.2000)(citing Hyde v. Hibernia Nat'l Bank, 861 F.2d 446, 449 (5th Cir.1988)). No discovery rule applies to violations of the FCRA. TRW Inc. v. Andrews, 534 U.S. 19, 23, 122 S.Ct. 441, 151 L.Ed.2d 339 (2001). Thus, even assuming that Trans Union furnished a consumer report in 1998 to some of Johnson's creditors (which it did not as shown below), any FCRA claim based on such report are barred by limitations.FN7


FN6. At the time of the alleged violations, section 1681p of the FCRA stated: “that a claim must be brought within two years of the violation unless the defendant has materially and willfully misrepresented any information required under this title to be disclosed to an individual and the information so misrepresented is material to the establishment of the defendant's liability to that individual under this title, the action may be brought at any time within two years after discovery by the individual of the misrepresentation.”
FN7. While Johnson has only made claims related to reports allegedly issued to Regions and Ford, Ex. A, p. 142, there were consumer reports furnished to Sears on 8/5/00 and Surpas Corp., a collection agency, on 2/8/99. Ex. E, pp. 2-3. Any claim based on consumer reports furnished to Sears and Surpas, or even Applied Card, Capital One and DMCCB, would likewise be barred by limitations. In addition, Johnson denied ever applying for credit with those entities. Plaintiff's App. Ex. 10, p. 196.
[5] 8. Johnson argues that the limitations period was tolled while she was a member of the class action styled Franklin E. Clark v. Experian Information Solutions, et al., Civil Action No. 8:00-1217-24, et al. (D.S.C.). The Clark class action was filed on April 20, 2000. Plaintiff's App. Ex. 3, p. 2. Thus, even assuming Trans Union furnished a consumer report to Regions in 1998, which Trans Union denies and Johnson has failed to prove, any claim related to an alleged denial of a loan by Regions was barred as of March 2000. Although Johnson's went on food stamps at some unspecified date in 1998, the limitations as to that claim would have run at least a year and four months prior to the filing of the Clark class action. Johnson opted out of the class action on September 10, 2003 and did not file her original complaint until August 23, 2005. Any time remaining on the limitations period for Johnson's food stamp claim would, therefore, have expired at least by May of 2004.


[6] [7] [8] [9] 9. A “consumer report” is a report prepared for third parties while a “consumer disclosure” is the consumer reporting agency's file it reveals to the consumer, not a third party. Spector v. Equifax, 338 F.Supp.2d 378, 379 (D.Conn.2004). Reports prepared solely for the consumer do not constitute “consumer reports” under the FCRA. See Hyde, 861 F.2d at 449. Section 1681e(b) does not allow a consumer to sue the consumer reporting agency for creating, possession, or revealing to a consumer credit files containing adverse information. Because a prerequisite to a cause of action under § 1681e(b) is evidence showing that a consumer report was furnished to a third party, all of Johnson's FCRA claims fail as a matter of law. Jackson v. Equifax Information Services, LLC, 167 Fed.Appx. 144, 146 (11th Cir.2006); Cahlin v. General Motors Acceptance Corp., 936 F.2d 1151, 1156 (11th Cir.1991); Davis v. Equifax Info. Servs., 346 F.Supp.2d 1164, 1174 (N.D.Ala.2004); see also Washington v. CSC Credit Servs., 199 F.3d 263, 267 (5th Cir.2000).


10. As stated above, Johnson's damage claims are based on: 1) alleged denial of a *646 $1,000 loan by Regions, 2) the alleged denial of a car loan from Ford Motor Credit, and 3) going on food stamps. Johnson has proffered no evidence, however, that Trans Union prepared a consumer report for any of those third parties. In contrast, Trans Union has proffered evidence that it never furnished Johnson's consumer report to Regions or Ford. And with respect to the food stamp issue, Johnson concedes that she was given food stamps based on her income, not on her consumer report. Ex. A, pp. 54-55.


11. Johnson has asserted that her claim of food stamps was related to her inability to get the loan from Regions. Ex. A, pp. 54-55. She theorized that if she had gotten the Regions loan, she would not have needed food stamps. Ex. A, p. 54. However, even if viewed as derivative of the alleged Regions loan denial that claim fails because, as stated above, Johnson has proffered no evidence that a Trans Union report was obtained in relation to the Regions loan.FN8 Ex. D, ¶ 6.


FN8. For the same reasons, Johnson's claim for mental anguish fails. Without a consumer report furnished to a third party, Johnson cannot demonstrate a § 1681e(b) violation. Without a § 1681e(b) violation, Johnson has no claim for mental anguish. See Section IIB(d)(iv), infra.
[10] 12. Even if Johnson could establish that a Trans Union report was furnished to a third party, Trans Union's reporting of the MBNA account with the “included in bankruptcy” comment was accurate. It is undisputed that the MBNA account was included in her ex-husband's bankruptcy. Ex. C, pp. 9-10. It is also undisputed that Trans Union was reporting the “included in bankruptcy” comment only on Johnson's MBNA account. Ex. D, ¶ 5. Consequently, Johnson's claim is without merit. See e.g., Heupel v. Trans Union, et al., 193 F.Supp.2d 1234, 1240 (N.D.Ala.2002) (court found account “technically accurate” and no violation of § 1681e(b) when reported as “included in bankruptcy” despite the fact that the Plaintiff, had not filed for bankruptcy protection). See also, Dickens v. Trans Union Corp., 18 Fed.Appx. 315, 318 (6th Cir.2001) (Trans Union accurately reported an account as “included in bankruptcy,” even though it was not the plaintiff's bankruptcy). Cf., Todd v. Associated Credit Bureau Servs., Inc., 451 F.Supp. 447, 448 (E.D.Pa.1977)(information that was accurate four years prior to the report was not “stale and obsolete information” which required deletion inasmuch as the statute proscribes only information which antedates the report by more than seven years.).


13. In addition, this information was not misleading. If it had been considered by a creditor, it would have been understood that Johnson was a joint obligor on an account that had been included in a bankruptcy, not that she had personally filed for bankruptcy. Dickens, 18 Fed.Appx. at 318. Trans Union accurately reported that the MBNA account was “included in bankruptcy.”


[11] [12] [13] [14] 14. It is also important to note that the FCRA does not require error free consumer reports. Sepulvado v. CSC Credit Services, Inc., 158 F.3d 890, 895-96 (5th Cir.1998). Consumer reporting agencies must follow reasonable procedures to ensure the maximum possible accuracy of their reports. Pinner v. Schmidt, 805 F.2d 1258, 1262 (5th Cir.1986). Section 1681e(b) does not establish strict liability. In order to defeat a motion for summary judgment on § 1681e(b), Johnson “must have minimally presented some evidence from which a trier of fact can infer that the consumer reporting agency failed to follow reasonable procedures in preparing a credit report.” *647 Stewart v. Credit Bureau, 734 F.2d 47, 51 (D.C.Cir.1984); Whelan v. Trans Union Credit Reporting Agency, 862 F.Supp. 824, 829 (E.D.N.Y.1994). Johnson cannot rest upon a showing of a mere inaccuracy and expect the burden to shift to Trans Union to establish the reasonableness of its procedures. Stewart, 734 F.2d at 51. Johnson bears the burden to establish that the procedures followed by Trans Union were not reasonable. Podell v. Citicorp Diners Club, Inc., 914 F.Supp. 1025, 1032 (S.D.N.Y.1996); Stewart, 734 F.2d at 51, N. 5. This she has failed to do. Johnson has not only failed to identify a single alleged unreasonable procedure followed by Trans Union, but admits that she does not even know what Trans Union's procedures are. Ex. A, p. 65.

[15] [16] 15. Summary judgment is appropriate when a plaintiff fails to show, in any respect, that the agency's procedures breached any standard of reasonable care. Tinsley v. TRW, 879 F.Supp. 550, 552 (D.Md.1995); Batdorf v. Trans Union, 2002 WL 1034048, *5-6, 2002 U.S. Dist. Lexis 9489 *16 (N.D.Cal. May 13, 2002); Nelski v. Trans Union, 86 Fed.Appx. 840 (6th Cir.2004). See also, Thompson v. San Antonio Retail Merchants Ass'n, 682 F.2d 509, 513 (5th Cir.1982). When a consumer “only attacks the propriety of the report,” summary judgment is proper. Zahran v. Trans Union Corp., 2003 U.S. Dist. Lexis 5089 (N.D.Ill., March 31, 2003).


[17] [18] [19] 16. One of the essential elements of maintaining an FCRA claim is that a plaintiff must present evidence that she suffered an injury. See Cahlin, 936 F.2d at 1161; Casella v. Equifax Credit Info. Servs., 56 F.3d 469, 473-76 (2d Cir.1995). The burden of proof is on the plaintiff to show that his or her damages were caused by the defendant's violations of the FCRA. Jackson v. Equifax Information Services, LLC, 167 Fed.Appx. 144, 146 (11th Cir.2006); See Casella, 56 F.3d at 473. The FCRA provides a remedy only for consumers who are actually damaged by a failure to comply with the FCRA. See Pettus v. TRW Consumer Credit Serv., 879 F.Supp. 695, 697 (W.D.Tex.1994).


[20] 17. Johnson has proffered no evidence and has admitted she has no proof that Regions relied on a Trans Union report to deny her a loan. Ex. A, pp. 29-30. In contrast, Trans Union's has proffered evidence that it never furnished Plaintiff's Trans Union consumer report to Regions. Ex. D, ¶ 6. Consequently, even assuming Johnson was denied a loan by Regions, she has failed to establish that her “injury” (the denial) was caused by a Trans Union consumer report furnished to a third party.


18. Similarly, Johnson has proffered no evidence and has admitted she has no proof that Ford relied on a Trans Union report to deny her a loan. Ex. A, pp. 42-43. In contrast, Trans Union's has proffered evidence that it never furnished Plaintiff's Trans Union consumer report to Ford. Ex. D, ¶ 6. Consequently, even assuming Johnson was denied a loan by Ford, she has failed to establish that her “injury” (the denial) was caused by a Trans Union consumer report furnished to a third party.


19. As to Johnson's claim for damages related to her going on food stamps, admits that she was eligible for food stamps based solely on her income at the time. Ex. A, pp. 53-54.FN9 If there was an injury related to her going on food stamps it was not caused by Trans Union. Johnson has proffered no evidence that the Alabama *648 Department of Human Resources, which runs the food stamp program, or any other Alabama food stamp agency, ever obtained a Trans Union consumer report for Johnson. In contrast, Trans Union's has proffered evidence that it never furnished Plaintiff's Trans Union consumer report to the Alabama Department of Human Resources. Ex. D, ¶ 6. Consequently, Johnson has again failed to establish that her going on food stamps was caused by a Trans Union consumer report furnished to a third party.


FN9. The Court also notes that, even if Johnson had received the Region's loan she sought in 1998, her income would still have qualified her for food stamps.
[21] 20. To the extent Johnson seeks damages for mental stress and emotional distress, she has failed to demonstrate that she suffered any actual injury (credit denial) caused by Trans Union, a requisite to recovery of such damages. Riley v. Equifax Credit Info. Servs., 194 F.Supp.2d 1239, 1248 (S.D.Ala.2002)(Plaintiff's claim of damages for being upset at credit denials failed where Plaintiff provided no evidence he was denied based on a Trans Union report). See also, Cousin v. Trans Union Corp., 246 F.3d 359, 371 (5th Cir.2001)(A plaintiff must show proof of actual injury for damages to be awarded for mental or emotional distress under the FCRA.). Johnson has failed to proffer any evidence to either establish that her mental anguish was caused, directly or indirectly, by a Trans Union consumer report or to substantiate that such mental anguish actually ever existed. In contrast, Johnson's stress, by her own admission, was caused by the fact that she did not have a job which paid a lot of money and she, therefore, qualified and received food stamps. Johnson has not alleged or established that this was in any way caused by a Trans Union consumer report. Ex. A, p. 57.


[22] [23] 21. Inasmuch as Johnson has failed to establish that Trans Union negligently violated the FCRA, the Court need not even address Johnson's allegation that Trans Union willfully violated the FCRA. Breese v. TRIADvantage Credit Srvs., 393 F.Supp.2d 819, 823 (D.Minn.2005). The mere existence of inaccuracies in a consumer report does not in itself amount to an act in conscious disregard of the plaintiff's rights supporting a finding of willful noncompliance. Zahran v. Trans Union Corp., 2003 U.S. Dist. Lexis 5089 (N.D.Ill., March 31, 2003).


[24] 22. To the extent that Johnson asserts a claim of invasion of the right of privacy, the FCRA provides qualified immunity for consumer reporting agencies for claims in the nature of defamation, invasion of privacy, and negligence, unless the consumer shows that the information was furnished with “malice or willful intent to injure.” 15 U.S.C. § 1681h; Short v. Allstate Credit Bureau, 370 F.Supp.2d 1173, 1185 (M.D.Ala.2005); McCloud v. Homeside Lending, 309 F.Supp.2d 1335, 1342 (N.D.Ala.2004); Young v. Equifax Credit Info. Servs., Inc., 294 F.3d 631 (5th Cir.2002); see also Cushman v. Trans Union Corp., 115 F.3d 220, 229 (3rd Cir.1997). Johnson has failed to demonstrate not only that the subject report contained inaccurate information but that the allegedly false information was furnished with malice or willful intent to injure.FN10 *649 McCloud, 309 F.Supp.2d at 1342. Consequently, Trans Union is entitled to summary judgment on this claim as well.


FN10. Similarly, under Alabama law, consumer reporting agencies are granted qualified privilege for consumer reports under common law and that privilege can only be defeated by a plaintiff bringing forth evidence that consumer reporting agency acted with malice. Garrett v. Equifax Credit Info. Serv., Inc., 1993 U.S. Dist. Lexis 463, *2 (S.D.Ala. Jan. 20, 1993); Burrows v. Credit Bureau, Inc., 1987 U.S. Dist. Lexis 5406, *8-9 (N.D. Ala. June 23, 1987); Liberty Loan Corp. of Gadsden v. Mizell, 410 So.2d 45, 50 (Ala.1982). Thus, even without the FCRA's preemption, Johnson would be required to show actual malice to recover against Trans Union on her invasion of the right of privacy claim.


CONCLUSION AND ORDER


For the reasons stated above, the Court concludes that there exists no material issue of fact and the Defendant is clearly entitled to judgment in his favor as a matter of law. It is therefore ORDERED that Defendant's motion for summary judgment be and is hereby GRANTED and that JUDGMENT be entered in favor of the Defendant, Trans Union LLC, and against the Plaintiff, Brenda Lyn Johnson, the plaintiff to have and recover nothing of the defendant. Costs are taxed against the plaintiff.

S.D.Ala.,2007.
Johnson v. Equifax, Inc.
510 F.Supp.2d 638
David A. Szwak
Bodenheimer, Jones & Szwak, LLC
416 Travis Street, Suite 1404, Mid South Tower
Shreveport, Louisiana 71101
318-424-1400 / Fax 221-6555
President, Bossier Little League
Chairman, Consumer Protection Section, Louisiana State Bar Association

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