United States Ninth Circuit

In a suit brought against Experian alleging violations of the Fair Credit Reporting Act (FCRA), summary judgment for defendant is reversed and remanded where: 1) plaintiff made the prima facie showing of inaccuracy required by 15 U.S.C. sections 1681e and 1681i as defendant's credit report on him was inaccurate since a dismissal without prejudice was not a "Civil claim judgment" against him; 2) contrary to the findings below, plaintiff offered credible evidence of "actual damages"; and 3) the district court erred in holding that defendant complied with its reinvestigation obligations, and no rational jury could find that the company wasn't negligent with regard to such reinvestigation. (Amended opinion)

Appellate Information

• Argued 08/17/2006
• Decided 03/27/2008
• Published 03/27/2008

Judges

• Before ALEX KOZINSKI, Chief Judge, DIARMUID F. O'SCANNLAIN and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Louis P. Dell, Esq., Law Office of Louis P. Dell, Los Angeles, CA, for the plaintiff-appellant.


• For Appellees:
  
• Meir Feder, Jones Day, New York, NY;  Alexander Frid, Jones Day, Los Angeles, CA, for the defendant-appellee.