No Evidence of an Inquiry or Denial: Pettus v. TRW

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No Evidence of an Inquiry or Denial: Pettus v. TRW

Postby Administrator » Tue Sep 30, 2014 12:14 am

No Evidence of an Inquiry or Denial: Pettus v. TRW


Pettus v. TRW Cons. Credit Service and CSC San Antonio, 879 F.Supp. 695, 1994 U.S. Dist. LEXIS 20332 (U.S.D.C. W.D. Tex. 1994) - Magistrate - Judge Primomo.

CSC and TRW filed Motions for Summary Judgment. Plaintiff also filed a Motion for Summary Judgment. Plaintiff alleged errors in his credit reports caused him to lose an employment opportunity and credit opportunities. Once a credit bureau collects information on a person related to their credit eligibility, the information can only be released pursuant to 1681b, citing St. Paul Guardian, 884 F.2d 881, 883. CSCÂ’s Janice Fogleman submitted an affidavit, claiming only one employment-related inquiry had been made by Equifax, Inc., on behalf of its client, Met Life. Plaintiff conceded Met Life hired him despite the report. TRWÂ’s witness, Carolyn Helm, testified that no inquires were made as to plaintiff, through TRW, for employment purposes. The Court found "no evidence" that any potential employer rejected plaintiff based on any credit report. The Court distinguished the Fifth CircuitÂ’s holding in Stevenson (which held out of pocket losses are not required) by stating that Stevenson actually had 3 credit denials supporting StevensonÂ’s mental distress damages. The Court granted Summary Judgment to TRW and CSC, finding no evidence of actual damage as contemplated as part of plaintiffÂ’s burden under the FCRA. Cahlin, 936 F.2d 1151, 1160-61; Zeller, 758 F.Supp. 775.
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