Childress v. Experian Information Solutions, Inc.

Citation:
14-2864
Tag(s):
Ruling:
Summary Judgment confirmed. While the FCRA requires credit bureaus to report that a bankruptcy petition was withdrawn “upon receipt of documentation certifying such withdrawal,” and calls for a bureau to “follow reasonable procedures to assure maximum possible accuracy," when the Debtor's Credit Report was purged no documentation certifying such withdrawal was yet available. In other words, no notice to the bureau meant that its failure to update the notice was not a violation of the FCRA.
Procedural context:
In the District Court the Appellant's Complaint alleged that by failing to modify the Bankruptcy notation before purging it the Appellee credit bureau willfully violated the Fair Credit Reporting Act. The Debtor sought damages and class certification on be-half of similarly situated persons. The District Court had granted Summary Judgment on behalf of the credit bureau and therefore never reached the issue of Class certification.
Facts:
Appellant filed Chapter 13 but voluntarily dismissed before her Plan was confirmed. Appellee credit bureau purged the record of her bankruptcy per its 7-year purge policy; but had failed to note that it had been voluntarily dismissed before purging the notation. The purged item read that the Debtor had filed Bankruptcy.
Judge(s):
Posner, Manion, Hamilton

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