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United States Court of Appeals for the Sixth Circuit
May 5, 2022, Argued; November 4, 2022, Decided; November 4, 2022, Filed
File Name: 22a0234p.06
[*671] [***1] COLE, Circuit Judge. Mohamad and Ahmed Hammoud—father and son, respectively—filed Chapter 7 bankruptcy petitions just over a year apart [*672] using the same attorney. Both petitions contained their similar names, identical address, and—mistakenly—Ahmed's social security number. Although the attorney corrected the social security number on Mohamad's bankruptcy petition the day after it was filed, Experian Information Solutions, Inc. failed to catch the amendment and erroneously reported [**2] Mohamad's bankruptcy on Ahmed's credit report for nine years.
In 2019, Ahmed sued Experian and Equifax Information Services, Inc., alleging that each had violated § 1681e(b) of the Fair Credit Reporting Act by failing to "follow reasonable procedures to assure maximum possible accuracy" of his reported information. 15 U.S.C. § 1681e(b). Equifax and Ahmed settled. The remaining parties—Experian and Ahmed—cross-moved for summary judgment, and the district court granted Experian's motion. We agree with the district court that Ahmed has standing to bring this action, but also agree that he cannot establish that Experian's procedures were unreasonable as a matter of law. We therefore affirm.
Ahmed Hammoud filed a Chapter 7 bankruptcy petition through his attorney, Kurt Thornbladh, on September 28, 2009. The petition listed: his name as "Ahmed M. Hammoud"; his address as 8465 Berwyn in Dearborn Heights, Michigan; and his social security number as ending in XXXX. The bankruptcy court discharged his bankruptcy on January 5, 2010.
Mohamad Hammoud—Ahmed's father—filed a joint bankruptcy petition with his wife, Sanaa M. Hammoud, on October 11, 2010. Thornbladh also served as their counsel. Mohamad's petition listed: his name as "Mohamad [**3] Hammoud," with an alternative name of "Ahmed Mohamad Hammoud"; his address as 8465 Berwyn in Dearborn Heights, Michigan; and his social security number as ending in XXXX. This social security number, however, was inaccurate; the last four digits of Mohamad's number are 4341.
[***2] The day after Thornbladh filed Mohamad's bankruptcy petition, he realized that he had included Ahmed's social security number rather than Mohamad's. So, Thornbladh filed a "Statement of Social Security Number" to correct the error on Mohamad's petition.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
52 F.4th 669 *; 2022 U.S. App. LEXIS 30668 **; 2022 FED App. 0234P (6th Cir.) ***; 2022 WL 16704341
AHMED HAMMOUD, Plaintiff-Appellant, v. EQUIFAX INFORMATION SERVICES, LLC, Defendant, EXPERIAN INFORMATION SOLUTIONS, INC., Defendant-Appellee.
Prior History: [**1] Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 2:19-cv-13262—Mark A. Goldsmith, District Judge.
Hammoud v. Experian Info. Solutions, 2021 U.S. Dist. LEXIS 214080 ( E.D. Mich., July 23, 2021)
traceability, causation, summary judgment, credit report, merits, social security number, substantial likelihood, consumer, Mortgage, bankruptcy petition, credit reporting, district court, inaccurate, corrected, accuracy, records, credit reporting agency, matter of law, survive
Civil Procedure, Appeals, Standards of Review, De Novo Review, Summary Judgment, Supporting Materials, Affidavits, Constitutional Law, Case or Controversy, Standing, Elements, Entitlement as Matter of Law, Appropriateness, Evidence, Inferences & Presumptions, Inferences, Banking Law, Bank Activities, Loans, Consumer Reporting Agencies, Consumer Protection, Fair Credit Reporting, Liability for Violations, Consumer Reports, Appellate Review, Standards of Review