Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Holdridge v. Experian Information Solutions, Inc.

United States District Court, E.D. Pennsylvania

April 19, 2017

ADAM HOLDRIDGE, Plaintiff,
v.
EXPERIAN INFORMATION SOLUTIONS, INC., and BANK OF AMERICA CORP., Defendants.

          MEMORANDUM

          Gerald Austin McHugh United States District Judge

         Plaintiff Adam Holdridge claims that credit reports furnished by Defendant Experian Information Solutions, Inc. (Experian) inaccurately stated that he owed $85, 000 to Defendant Bank of America. Holdridge claims that he notified both Defendants of the inaccuracy but that they failed to reasonably investigate his claims or take remedial measures as required by the Fair Credit Reporting Act (FCRA).[1] Experian has filed an answer to Holdridge's Complaint. Bank of America now moves to dismiss the claims against it pursuant to Rule 12(b)(6). For the reasons that follow, that motion will be denied.

         I. STANDARD

         A complaint is properly dismissed under Rule 12(b)(6) when it fails “to state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6). In considering a 12(b)(6) motion, the court must first separate the factual and legal elements of a claim, accepting as true all well- pleaded facts while disregarding any legal conclusions. Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009). The court must then “determine whether the facts alleged in the complaint are sufficient to show that the plaintiff has a ‘plausible claim for relief.'” Id. (quoting Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009)).

         II. DISCUSSION

         Holdridge brings his FCRA claim against Bank of America under 15 U.S.C. § 1681s2-b. This section provides a limited private right of action against “furnishers, ” like Bank of America, that provide erroneous financial records to credit reporting agencies. To sue a furnisher under § 1681s2-b, a plaintiff must first file a dispute with a credit reporting agency that received and published the inaccurate information. SimmsParris v. Countrywide Fin. Corp., 652 F.3d 355, 359 (3d Cir. 2011). The credit reporting agency must then notify the furnisher of, and forward “all relevant information regarding, ” that dispute. § 1681(i)(a)(2). Only after the furnisher receives this notice does § 1681s-2(b) require it to:

(A) conduct an investigation with respect to the disputed information;
(B) review all relevant information provided by the consumer reporting agency . . .;
(C) report the results of the investigation to the consumer reporting agency; [and]
(D) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis[.]

         Regarding a furnisher's duty to investigate disputed information, the Third Circuit has held that FCRA entitles consumers to a “reasonable” investigation, that is, “one that a reasonably prudent person would undertake under the circumstances.” Seamans v. Temple Univ., 744 F.3d 853, 864 (3d Cir. 2014) (quoting Cortez v. Trans Union, LLC, 617 F.3d 688, 709 (3d Cir. 2010).

         It is a furnisher's failure to abide by § 1681s-2b's requirements (as amplified by the Third Circuit) that exposes it to liability under FCRA. In other words, to state a cognizable claim under § 1681s-2b, Holdridge must establish that:

(1) that he notified a [credit reporting agency] of the dispute . . ., (2) that the [agency] notified the party who furnished the information, and (3) that the party who furnished the information failed to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.