1681i[a][5]: Carney v. Experian

David A. Szwak

1681i[a][5]: Carney v. Experian

Postby David A. Szwak » Sat Nov 19, 2005 6:59 am

THIS OPINION HAS BEEN UNIVERSALLY CRITICIZED IN SEVERAL RESPECTS SO CITE IT CAREFULLY...


Carney v. Experian Information Solutions, Inc.
57 F.Supp.2d 496
W.D.Tenn.,1999

Consumer brought action against retailer and its collection agency for violations of Federal Credit Reporting Act (FCRA) and Tennessee Consumer Protection Act. On defendants' motion for judgment on the pleadings, the District Court, Vescovo, Magistrate Judge, held that: (1) defendants were not credit reporting agencies under FCRA; (2) consumer had no private cause of action under FCRA; and (3) state claim was preempted by FCRA.
Motion granted.

Plaintiff's amended complaint alleges that in December 1996, during his winter break from college, he met some friends at The Billiard Club to shoot pool. Plaintiff was informed by employees of the Club that he would have to provide his driver's license as a security deposit in order to obtain billiard balls. When plaintiff left the Club, he forgot to retrieve his driver's license. Plaintiff's mother finally retrieved the license in January 1997. In November 1997, plaintiff discovered that someone had falsely obtained credit cards using his identity. (Am.Compl.¶ 21.) In January 1998, plaintiff notified Exxon that he had been the victim of credit card fraud. (Id. ¶ 22.) Exxon then notified G.E. Capital, its collection company. (Id. ¶ 23.) Plaintiff alleges that Exxon did not conduct a reasonable investigation because it continued to report plaintiff as a delinquent debtor of Exxon. (Id. ¶ 24.) Plaintiff further alleges generally that this action, or more aptly inaction, by Exxon and G.E. Capital violated the FCRA and TCPA. (Id. ¶ 25.) Plaintiff alleges that in January 1998 he also discovered that erroneous information related to the above credit card fraud was listed on plaintiff's credit report as published by defendants. (Id. ¶ 31.) On March 20, 1998, plaintiff notified the "creditor" [FN5] defendants concerning the erroneous information and requested that corrections be made pursuant to 15 U.S.C. § 1681i(a)(1)(A). (Id. ¶ 32.) Plaintiff further alleges that these defendants failed to comply with 15 U.S.C. § 1681i(a)(5) by willfully, maliciously, or negligently failing to delete the erroneous items from the plaintiff's credit report. (Id. ¶ 35.) Plaintiff additionally contends that defendants violated the TCPA by reporting erroneous information in the plaintiff's credit report. (Id. ¶ 35.) As a result of the actions of each of the named defendants, plaintiff asserts that he has suffered actual damages, injury to his reputation, interference with job capacity and opportunity, damage to his credit rating, and mental and emotional distress.

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