Jackson v. Trans Union, LLC

Jackson v. Trans Union, LLC

Opinion

MEMORANDUM

Pratter, J.

Introduction

This is one of many cases in this District challenging the way that credit reporting agencies report consumer credit accounts under the Fair Credit Reporting Act ("FCRA"). The dispute here, like in other cases, challenges the way that credit reporting agencies report credit accounts that at one time were past due but have since been closed. Ericka Jackson alleges that Trans Union's report is inaccurate and will potentially mislead creditors now and in the future regarding her credit history. The Court, however, disagrees. Therefore, the Court will grant Trans Union's motion for judgment on the pleadings.

Background

Plaintiff Ericka Jackson's case relates to four student loan accounts with Fedloan ("the accounts"). The accounts [*2]  were consolidated on November 9, 2016, and then closed on that date. Ms. Jackson, through counsel, sent a dispute letter to Trans Union on December 20, 2018, arguing that her credit report inaccurately reported the accounts. Trans Union replied with investigation results on January 5, 2019. The investigation report lists all of Ms. Jackson's accounts and, for the accounts at issue here, states the following: (1) In the "Remarks" field, the accounts are marked as "Closed", (2) in the "Balance" field, the accounts are shown to have a $0 balance, (3) in the "Date Closed" field, the accounts show a "Maximum Delinquency of 120 days" and that this delinquency occurred in "09/2016 and in 11/2016", and (4) in the "Date Closed" field, the accounts are all shown as being closed on "11/09/2016." Doc. No. 12-3, at 5-6. However, in the "Pay Status" field, the accounts are shown as "120 Days Past Due Date." Id. This last piece of information forms the crux of the matter in front of the Court.¹

Based on this investigation report, Ms. Jackson argues that Trans Union did not follow reasonable procedures to ensure the accuracy of the report about her and that it did not conduct a good faith investigation. [*3]  Ms. Jackson alleges that Trans Union continued to report an erroneous "Pay Status" field on these closed accounts because her credit report stated the account was "120 Days Past Due Date" after the accounts had been consolidated and closed. As a result, Mr. Jackson claims that Trans Union has violated the federal Fair Credit Reporting Act by (1) negligently and willfully failing to maintain and/or follow reasonable procedures to assure maximum possible accuracy of the information reported to third parties in violation of 15 U.S.C. § 1681e(b) and (2) failing to conduct a good faith investigation and failing to delete or modify inaccurate information after Ms. Jackson disputed this information in violation of 15 U.S.C. §§ 1681i(a)(1)(A) and 1681i(a)(5). In addition, Ms. Jackson alleges that Trans Union's action and/or inaction was willful, rendering it liable for actual, statutory, and punitive damages on both counts.

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