The Third Circuit Court of Appeals has upheld a lower court’s summary judgment ruling in favor of a defendant that was accused of violating the Fair Credit Reporting Act by allegedly providing inaccurate information on the plaintiff’s credit reports.
A copy of the ruling in the case of Angino v. TransUnion LLC can be accessed by clicking here.
The plaintiffs fell behind on some debts following the 2008 financial crisis, but were able to work their way out “and are now on sounder financial footing,” according to the Third Circuit’s ruling. However, some of the negative items were still appearing on the plaintiff’s credit report. The plaintiffs complained to the defendant about the items, and when nothing was done, subsequently filed suit, alleging the defendant violated Section 1681e(b) of the FCRA by failing to maintain reasonable procedures, and Section 1681i(a) by failing to conduct a reasonable investigation. The defendant was granted summary judgment by a District Court judge, which the plaintiffs appealed to the Third Circuit.
The plaintiffs argue that since they are in a better financial position today, the negative items should no longer appear on their credit reports. Because the information was not inaccurate, just representative of a different time in the plaintiff’s lives, the Third Circuit affirmed the lower court’s decision.
“The gravamen of the Anginos’ claim is not that the information in their credit reports and disclosures is inaccurate, but rather that it is irrelevant,” the Third Circuit wrote. “These facts do not support a claim for negligent noncompliance with or for failure to conduct a reasonable investigation under the Fair Credit Reporting Act.”
