United States District Court, W.D. Oklahoma
STEPHEN P. FRIOT UNITED STATES DISTRICT JUDGE.
Trans Union, LLC's motion to dismiss, converted in part
to a motion for summary judgment, is before the court. Doc.
no. 21. Plaintiff filed a response brief (doc. no. 28), and
defendant filed a reply brief. Doc. no. 30. Following the
court's conversion of a portion of the motion to ensure
that it could consider certain documents (doc. no. 33), Trans
Union submitted a supplemental brief. Doc. no. 34.
converted portion of the motion is Trans Union's argument
that it was not inaccurate, as a matter of law, for reports
prepared by Trans Union to fail to note an allegedly errant
tradeline as “discharged in bankruptcy.”
This order addresses only the converted portion of the
motion. For the reasons stated below, the court finds in
favor of Trans Union on that issue.
converted portion of the motion is evaluated under the
standards of Rule 56, Fed.R.Civ.P. Under that rule, summary
judgment shall be granted if the movant shows that there is
no genuine dispute as to any material fact and the movant is
entitled to judgment as a matter of law. Celotex Corp. v.
Catrett, 477 U.S. 317, 325 (1986). A genuine issue of
material fact exists when “there is sufficient evidence
favoring the non-moving party for a jury to return a verdict
for that party.” Anderson v. Liberty Lobby,
Inc., 477 U.S. 242, 249 (1986). In determining whether a
genuine issue of a material fact exists, the evidence is to
be taken in the light most favorable to the non-moving party.
Adickes v. S.H. Kress & Co., 398 U.S. 144, 157
(1970). All reasonable inferences to be drawn from the
undisputed facts are to be determined in a light most
favorable to the non-movant. United States v. Agri
Services, Inc., 81 F.3d 1002, 1005 (10th Cir.
Nature of the Claims
Union concedes it is a consumer reporting agency as defined
by the Fair Credit Reporting Act (FCRA). Doc. no. 21, p. 12.
complaint alleges that in that capacity, Trans Union
prepared, published and otherwise reproduced consumer reports
regarding the plaintiff, and that such reports contained
information about the plaintiff which was false, misleading
and inaccurate. The sole inaccuracy identified in the
complaint with respect to Trans Union's reporting is that
plaintiff's credit file at Trans Union included what the
complaint refers to as “Errant Tradelines reporting
without the correct notation of bankruptcy discharged.”
The tradeline in question relates to an account plaintiff had
with First Premier Bank (First Premier). Per Trans
Union's moving brief, this was a credit card account
which plaintiff maintained with First Premier.
complaint alleges that plaintiff submitted a letter to Trans
Union disputing the purportedly errant tradeline, explaining
in her letter that the errant tradeline was discharged in her
bankruptcy and asking Trans Union to report the tradeline as
“discharged in bankruptcy.” The complaint alleges
that plaintiff then received Trans Union's investigation
results, which showed that Trans Union failed or refused to
report the tradeline with what plaintiff contends would be
the correct notation, i.e. “bankruptcy
on these allegations, the complaint brings claims against
Trans Union for negligent and willful violations of the FCRA,
specifically, for violations of 15 U.S.C. §
1681e(b) and § 1681i. Under §1681e(b),
plaintiff claims Trans Union failed to maintain or follow
reasonable procedures to assure maximum possible accuracy of
the information it reported to one or more third parties
pertaining to plaintiff. Under § 1681i, plaintiff claims
that following her dispute of the First Premier tradeline,
Trans Union failed to conduct a reasonable reinvestigation.
The complaint alleges that as a direct cause of these
failures, plaintiff suffered various damages.
documents attached to Trans Union's motion include
plaintiff's bankruptcy petition and the discharge order
entered in that bankruptcy.
addition, a declaration submitted by Trans Union identifies
documents in plaintiff's credit file at Trans Union.
These undisputed documents show the First Premier account
reporting with the following information: “Pay Status:
Account Included in Bankruptcy” and “Date Closed:
03/14/2016.” No. balance or past due amount is
indicated with respect to the First Premier account. The
“Remarks” section pertaining to this account
notes: “Chapter 7 Bankruptcy.” Plaintiff contends
that the tradeline regarding the First Premier account should
be reported by Trans Union with the words “bankruptcy
discharged” (or words to that effect) rather than with
the phrase which now appears, “Account Included in