Hammoud v. Equifax Info. Servs., LLC

Hammoud v. Equifax Info. Servs., LLC

Opinion

 [*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.

I. BACKGROUND

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.

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