Learn v. Credit Bureau of Lancaster County, Inc.

664 F. Supp. 962, 1987 U.S. Dist. LEXIS 4538
CourtDistrict Court, E.D. Pennsylvania
DecidedJune 1, 1987
DocketCiv. A. No. 85-7448
StatusPublished
Cited by1 cases

This text of 664 F. Supp. 962 (Learn v. Credit Bureau of Lancaster County, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Learn v. Credit Bureau of Lancaster County, Inc., 664 F. Supp. 962, 1987 U.S. Dist. LEXIS 4538 (E.D. Pa. 1987).

Opinion

MEMORANDUM AND ORDER

TROUTMAN, Senior District Judge.

The plaintiff instituted this action claiming that the defendant had violated various provisions of the Pair Credit Reporting Act, 15 U.S.C.A. § 1681 — 1681t (West 1982 and Supp.1987). Presently before us are the parties’ cross-motions for summary judgment.

The plaintiff alleges in his amended complaint that the defendant credit reporting agency violated §§ 607 and 611(a), 15 U.S. C.A. §§ 1681e and 1681i(a), by, respectively, (1) failing to maintain reasonable procedures to avoid violations of § 605, 15 U.S. C.A. § 1681c, and to assure maximum possible accuracy of the information contained in the consumer credit reports it issued regarding the plaintiff and (2) failing to reinvestigate the accuracy of its reports.1 The facts averred to serve as the basis of these allegations are as follows: On October 20, 1978, the plaintiff, then in a bankruptcy proceeding in this District, was released by order of the bankruptcy court from all dischargeable debts. Among those debts discharged was the sum of $858.87 owed by the plaintiff to CoreStates Bank of Delaware, N.A., then trading as the Philadelphia National Bank. On April 28.1985, the plaintiff appeared in person at the defendant’s place of business with a copy of the order discharging the debt to CoreStates Bank and requested that any entries on his credit report be corrected. Some time thereafter, but prior to August 7.1985, the plaintiff sought to open a credit account with the J.C. Penney Co., Inc. On August 6, 1985, the J.C. Penney Co. obtained a consumer credit report regarding the plaintiff from the defendant. On August 7,1985, the J.C. Penney Co. denied the plaintiff consumer credit on the basis of adverse information contained in said consumer report. On August 14, 1985, the plaintiff obtained a copy of the report that the defendant had provided to J.C. Penney. The plaintiff asserts that the report was inaccurate because it contained an entry that the plaintiff ha'1 a balance past due and owing to CoreStates Bank in the amount of $858.00.

On March 11, May 5, and May 8, 1986, the defendant issued four other credit reports to prospective creditors of the plaintiff. The plaintiff, with respect to these reports, claims that since CoreStates Bank charged this debt off to profit and loss in October, 1978, the information as to the CoreStates account as disclosed by the defendant in reports disseminated after October 20,1985, was “stale” since it antedated the report by more than seven years and, thus, was improperly reported by the defendant in contravention of § 605(a)(4) of the Act.2

The defendant does not, for the most part, dispute the plaintiff’s factual allegations. It strenuously disputes, however, that it in any way violated the Fair Credit Reporting Act. It is the defendant’s position that the reports it disseminated were completely accurate and contained no obsolete information.

The enforcement provisions of the Act are contained in §§ 616 and 617, 15 U.S. C.A. §§ 1681n and 1681o, respectively. Section 616 provides the consumer with a [964]*964cause of action for a consumer reporting agency’s willful failure to comply with any requirement of the Act. Under § 616, the consumer may recover actual and punitive damages, as well as costs and attorney’s fees. Section 617 provides the consumer with a cause of action for a consumer reporting agency’s negligent failure to comply with any requirement of the Act. Under § 617, the consumer may recover actual damages, costs and attorney’s fees.

The Fair Credit Reporting Act does not impose strict liability upon consumer reporting agencies. The mere fact that a report disseminated by a credit reporting agency contains inaccurate and/or stale information does not provide the consumer with a cause of action; rather, it is the agency’s failure to maintain and follow “reasonable procedures” to avoid violations of, for example, § 605(a)(4) and/or to assure the maximum possible accuracy of the information contained in the report which gives rise to liability. 15 U.S.C.A. § 1681e. Thus, it is entirely possible that a trier of fact could find that while a report contained inaccurate and/or stale information, the reporting agency followed “reasonable procedures” and, thus, is not liable. See, e.g., Bryant v. TRW, Inc., 689 F.2d 72 (6th Cir.1982); Stewart v. Credit Bureau, Inc., 734 F.2d 47 (D.C.Cir.1984); Thompson v. San Antonio Retail Merchants Association, 682 F.2d 509 (5th Cir.1982); Hauser v. Equifax, Inc., 602 F.2d 811 (8th Cir. 1979), and Pendleton v. Trans Union Systems Corp., 76 F.R.D. 192 (E.D.Pa.1977).

In the instant action, the plaintiff has asserted a number of discrete causes of action. Each shall be discussed seriatim.

1. The J.C. Penney credit application.

As stated above, the plaintiff claims that he was denied credit by J.C. Penney based on adverse information contained in a report disseminated by the defendant, specifically, the $858.00 “past due debt” to CoreStates Bank.3 (See defendant’s “Reply Brief”, Doc. 15, Exhibit A [as designated by this Court], consumer disclosure dated 8/14/85). The plaintiff asserts that the CoreStates entry was inaccurate because it reflects a balance owing and past due to CoreStates of $858.00. In fact, as already indicated, this debt was discharged pursuant to the aforementioned bankruptcy proceeding and, therefore, the plaintiff had no outstanding debt due and owing CoreStates. Thus, if J.C. Penney interpreted the $858.00 entry under the heading “Present Status” as meaning the plaintiff had a presently outstanding, past due debt owing to CoreStates, the entry would be inaccurate. As might be expected, it is the defendant’s position that J.C. Penney did not interpret the entry in this manner but, rather, understood it to mean that a debt of $858.00 was discharged by the plaintiff’s bankruptcy. Interestingly, the only evidence before us as to the meaning of the entries regarding the CoreStates account, other than the two consumer disclosures themselves, is a letter from defendant’s counsel to plaintiff’s counsel purporting to explain the cryptic codes utilized [965]*965in the consumer reports. Even more interesting is the fact that this letter was proffered by the plaintiff as part of his summary judgment motion. (See plaintiffs Motion for Summary Judgment, Doc. # 13, Exhibit A). In the letter, counsel for the defendant explains that the “BKL” entry accompanying the CoreStates Bank account description means that the “manner of payment” of the debt was a “charge off” as a result of the plaintiff’s bankruptcy. The plaintiff has introduced no contradictory evidence which would indicate that J.C. Penney interpreted the CoreStates entries in a manner other than that asserted by the defendant, ie., that an $858.00 debt owed by the plaintiff to CoreStates Bank was discharged by a bankruptcy and that the plaintiff presently had no outstanding debt due and owing CoreStates.

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Bluebook (online)
664 F. Supp. 962, 1987 U.S. Dist. LEXIS 4538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/learn-v-credit-bureau-of-lancaster-county-inc-paed-1987.