Nagim v. Equifax Information Services, LLC
- Citation:
- No. 11-1233, 2011 WL 5222889 (10th Cir. Nov. 3, 2011)
- Tag(s):
-
- Ruling:
- The court of appeals affirmed the district court's grant of summary judgment for defendant-credit-reporting-agencies on plaintiff-debtor's Fair Credit Reporting Act (FCRA) claims. Summary judgment was appropriate because the debtor failed to offer evidence contesting the agencies' records showing that the debtor's credit reports were accurate and that the agencies properly investigated the information the debtor claimed was inaccurate. The agencies also offered evidence that they did not, as the debtor claimed, depress the debtor's credit scores in retaliation for his repeated requests to correct his credit reports. The debtor failed to refute that evidence as well. The court noted that the debtor was mistaken in his belief that the FCRA and unspecified bankruptcy laws restrict credit reporting agencies from including any information relating to bankruptcy and discharged or closed accounts.
- Procedural context:
- Consumer-debtor (pro se) filed an adversary complaint against credit reporting agencies, charging them with violating the Fair Credit Reporting Act and unspecified bankruptcy laws by including incorrect information on debtor's credit report and so depressing his credit scores. District court granted summary judgment for credit reporting agencies and debtor appealed. AFFIRMED.
- Facts:
- Consumer-debtor filed for bankruptcy and got some of his credit accounts discharged. The debtor later noticed that his credit reports included an account that was discharged in his bankruptcy and references to the bankruptcy in general. He then filed a complaint against three credit reporting agencies alleging that they had included inaccurate information on his credit report, which depressed his credit scores.
- Judge(s):
- O'BRIEN, McKAY, and TYMKOVICH
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