Case No. 04-56230
D.C. No. CV-03-07064-R
Dennis v. BEH-1, LLC and Experian Information Solutions (THE SEPTEMBER 25, 2007 ORDER, not the May Order)
Hot of the presses. The Court found Experian liable for not properly investigating a court judgment on Mr. Dennis' credit report. Mr. Dennis' provided Experian documentation that the court judgment should be removed from his credit report. However, Experian, relying on a third-party's prior verfication of the court judgment responded that the matter was.....
ALL TOGETHER NOW!!!!!!
PREVIOUSLY INVESTIGATED!
Court found Experian liable under the FCRA (which is good that the decision is not state specific). However, it is only law in the 9th circuit (I'm an attorney in Nevada, so It affects me). However, I highly doubt the matter will get up to the Supremes, so it will serve as pursuasive authority for the other circuits until another circuit either endorses or rejects it.
The most important part of the decision, I think, is not that Experian was found to have failed to properly investigate. The important part of the decision is that the court establishes a fairly low bar for establishing damages. It gives the FCRA more "sting".
I will be citing the case in a letter I'm sending them on Monday.
Good luck!
Message Edited by ALEXREDD on
09-25-2007 03:50 PM
