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The Strasburger FCRA Newsletter is designed to keep you current on FCRA-related legal issues and events. For more frequent updates, see our blog at the FCRA BLOG. |
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Ninth Circuit Affirms District Court’s Grant of Summary Judgment to CRA and Furnisher
Herisko v. Bank of Am., et al., 2010 U.S. App. LEXIS 3710 (9th Cir. Cal. Feb. 23, 2010)
Facts: Plaintiff appealed the district court’s adverse summary judgment ruling, dismissing Fair Credit Reporting Act (“FCRA”) claims asserted against Defendants Bank of America and Experian. Plaintiff alleged that his dispute letter to Experian put Experian on notice that Plaintiff’s consumer report failed to properly report his second mortgage following bankruptcy. The 9th Circuit affirmed the district court’s grant of summary judgment.
- Reinvestigation. Plaintiff’s dispute letter to Experian alleged that Plaintiff’s credit information was inaccurate because his second mortgage with Bank of America “was not discharged” but rather “exempted from the bankruptcy under California exemptions.” Plaintiff’s letter did not put Experian on notice that Plaintiff was claiming a different purported inaccuracy than what was stated on the face of the letter, i.e., that his consumer report failed to reflect the facts and consequences of his second mortgage “riding through” his bankruptcy. Plaintiff’s dispute letter was therefore insufficient to trigger Experian’s duty under § 1681i. The district court properly dismissed Plaintiff’s claim against Experian.
- Furnisher’s Duties. Plaintiff’s deficient notice to Experian also proved fatal to his claim against Bank of America. Not only is there no record that Experian ever notified Bank of America of Plaintiff’s dispute, but even if Experian had forwarded Plaintiff’s dispute letter to the bank, such notice would have borne no relationship to the purported inaccuracies underlying Plaintiff’s claims here. Accordingly, the district court properly dismissed Plaintiff’s claim against Bank of America.
The entire FCRA Newsletter can be found here.
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Articles contained within this newsletter provide information on general legal issues and are not intended to provide advice on any specific legal matter or factual situation. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional counsel.
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