1681i[c]: Moline v. Experian

David A. Szwak

1681i[c]: Moline v. Experian

Postby David A. Szwak » Mon Jan 09, 2006 4:33 pm

Moline v. Experian Information Solutions, Inc.
289 F.Supp.2d 956
N.D.Ill.,2003.
Oct 23, 2003

Plaintiff Michael Moline ("Moline") sued Experian Information Solutions, Inc. ("Experian") for violations of the Fair Credit Reporting Act ("FCRA"), as amended, 15 U.S.C. § 1681 et seq., and for defamation. In particular, Moline claims that Experian: (1) violated 15 U.S.C. § 1681i(a) by willfully and negligently failing to conduct a proper and reasonable reinvestigation of allegedly inaccurate information in Moline's credit report, failing to provide all relevant information regarding the dispute to the furnishing entities, failing to review and consider all relevant information submitted, and failing to delete the information from his credit file after reinvestigation; (2) violated 15 U.S.C. § 1681i(c) by willfully and negligently failing to note the dispute on subsequent reports; and (3) violated 15 U.S.C. § 1681e(b) by willfully and negligently failing to follow reasonable procedures to ensure maximum accuracy of his credit report. (R. 1, Compl. at ¶¶ 20(a)-(f).) Moline also claims that Experian defamed him by publishing credit statements both orally and in writing that reflect negatively and inaccurately on his character.

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Experian also seeks summary judgment on Moline's section 1681i(c) claim. Section 1681i(c) provides that:
Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, 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.
15 U.S.C. § 1681i(c). Moline did not file the requisite dispute statement. (R. 12, Def.'s Facts, Ex. G, Hughes Decl. at ¶ 20.) Experian's "duty to include the [Moline's] statement of dispute in the report only arises when a statement of dispute is filed." Mirocha v. TRW, Inc., 805 F.Supp. 663, 670 (S.D.Ind.1992). As Experian had no legal duty to include the dispute statement, this Court grants Experian's motion for summary judgment on Moline's section 1681i(c) claim.

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