1681i[c]: Perry v. Experian

David A. Szwak

1681i[c]: Perry v. Experian

Postby David A. Szwak » Mon Jan 09, 2006 4:23 pm

Perry v. Experian Information Solutions, Inc.
Slip Copy, 2005 WL 2861078
Oct 28, 2005

Congress enacted the FCRA to ensure consumer reporting agencies adopt reasonable procedures to report consumer credit information "in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information." 15 U.S.C. § 1681(b). In her first amended complaint, Perry alleges Experian violated three FCRA provisions-- § 1681e(b), § 1681i(a), and § 1681i(c)--for failing to consider her complaints, follow reasonable procedures to investigate them, and take actions after investigation. Pursuant to 15 U.S.C. §§ 1681n and 1681o, she seeks actual damages, punitive damages, and attorney's fees.


On October 11, 2005, the court granted Perry's motion to supplement her response to Experian's summary judgment motion. In her supplemental brief, Perry argues Experian's investigative procedures are faulty based on dictum in Ruffin-Thompkins. On a motion for summary judgment, the court may consider only "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits." See Ruffin-Thompkins, 422 F.3d at 607. Accordingly, the court may not consider other materials, and certainly not factual conclusions from other cases. Perry's argument is rejected.
In her opposition to Experian's motion, Perry has failed to address claims in her first amended complaint under § 1681i(c) and for lost administrative costs. As a result, she has not raised any genuine issue of material fact nor cast any doubt on Experian's assertion that these claims present no genuine issue of material fact. Therefore, summary judgment must be granted on these claims. See Palmer v. Marion County, 327 F.3d 588, 597-98 (7th Cir.2003) (arguments not presented to the district court in opposition to summary judgment motion are abandoned).

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