1681i[c]: Quinn v. Experian

David A. Szwak

1681i[c]: Quinn v. Experian

Postby David A. Szwak » Mon Jan 09, 2006 4:28 pm

Quinn v. Experian Solutions
Not Reported in F.Supp.2d, 2004 WL 609357
Mar 24, 2004

FCRA 1681i(c) Claims
Quinn claims that Equifax is liable under § 1681i(c) for failing to note his dispute. § 1681i(c) states:
Whenever a statement of a dispute is filed ... the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary thereof.
To succeed on this point, Quinn must show that: (1) he disputed inaccurate information contained in his credit file; (2) Equifax's reinvestigation did not resolve his dispute; (3) he filed a statement of dispute with Equifax upon completion of the reinvestigation; and (4) the statement he filed was not included in subsequent credit reports released by Equifax. See Guimond v. Trans Union Corp. 45 F.3d 1329, 1334-35 (9th Cir.1995).
Quinn disputed the inaccurate Wal-Mart account contained in his credit report. The reinvestigation resolved the dispute. Quinn demanded that the Wal-Mart account be deleted from his credit file and the account was deleted within the statutorily imposed time period. As of June 28, 2002, Quinn's credit file contained a fraud alert. Finally, there is no evidence to suggest that Equifax released Quinn's credit report during the period of this dispute. All of the evidence suggests that no one besides Quinn received a copy of his credit file during the dispute. Thus, Quinn's claim fails as a matter of law, and summary judgment must be granted in favor of Equifax.

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