Wednesday, September 29, 2010

Fair Credit Reporting Act - denial of credit because of incorrect listing as "deceased"

Sheldon v. Experian Information Solutions - ED Pa. - September 28, 2010

This is a putative class action arising under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. Jurisdiction is federal question. 28 U.S.C. § 1331.

Plaintiffs purport to represent a class of individuals who have been incorrectly classified as "deceased" on credit reports issued by defendant Experian Information Solutions, Inc., resulting in the denial of credit.

The complaint alleges that the inclusion of this information violates 15 U.S.C. § 1681e(b) because Experian did not implement reasonable procedures to assure the reports’ accuracy. Additionally, it is alleged that the sale of the reports with the incorrect "deceased" notation violates 15 U.S.C. § 1681e(a) because Experian’s purpose for selling credit reports on deceased individuals does not come within a statutorily permitted purpose.

These violations are alleged to have been both negligent and wilful [sic]. Complaint, Count I. Defendant moves for summary judgment. The motion will be denied as to the allegedly negligent violations and granted as to those alleged to be wilful [sic].