Watkins v. Equifax Information Servs., L.L.C.

Ohio Court of Appeals·Decided July 22, 2026·No. C-250603·Published

Opinion

[Cite as Watkins v. Equifax Information Servs., L.L.C., 2026-Ohio-2802.]

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

MARY WATKINS, : APPEAL NO. C-250603 TRIAL NO. 25CV26735 Plaintiff-Appellant, :

vs. : JUDGMENT ENTRY

EQUIFAX INFORMATION SERVICES, : LLC, : Defendant-Appellee. :

This cause was heard upon the appeal, the record, and the briefs. For the reasons set forth in the Opinion filed this date, the judgment of the trial court is reversed and the cause is remanded. Further, the court holds that there were reasonable grounds for this appeal, allows no penalty, and orders that costs be taxed under App.R. 24. The court further orders that (1) a copy of this Judgment with a copy of the Opinion attached constitutes the mandate, and (2) the mandate be sent to the trial court for execution under App.R. 27.

To the clerk: Enter upon the journal of the court on 7/22/2026 per order of the court.

By:_______________________ Administrative Judge [Cite as Watkins v. Equifax Information Servs., L.L.C., 2026-Ohio-2802.]

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

MARY WATKINS, : APPEAL NO. C-250603 TRIAL NO. 25CV26735 Plaintiff-Appellant, :

vs. : OPINION

EQUIFAX INFORMATION SERVICES, : LLC, : Defendant-Appellee. :

Civil Appeal From: Hamilton County Municipal Court

Judgment Appealed From Is: Reversed and Cause Remanded

Date of Judgment Entry on Appeal: July 22, 2026

Mary Watkins, pro se,

Carpenter Lipps, LLP, David A. Wallace and Tyler K. Ibom, for Defendant-Appellee. [Cite as Watkins v. Equifax Information Servs., L.L.C., 2026-Ohio-2802.]

MOORE, Judge.

{¶1} Plaintiff-appellant Mary Watkins appeals from the Hamilton County

Municipal Court’s judgment granting defendant-appellee Equifax Information

Services, LLC’s, motion to dismiss Watkins’s complaint. For the reasons set forth

below, the judgment of the court is reversed, and the cause is remanded for further

proceedings consistent with this opinion.

I. Factual and Procedural History

{¶2} On September 7, 2025, Watkins filed her complaint. She alleged that

while she was applying for a loan to purchase a car, she retrieved her consumer credit

report from Equifax. The report listed that she had 15 outstanding accounts that were

negatively affecting her credit. The report listed specific information about each

account, including the name of the lender, and the last four digits of the account

number.

{¶3} Watkins took issue with Equifax not disclosing the complete account

numbers and with Equifax not including original creditor’s information for each

account. She claimed that this partial disclosure prevented her from being able to

authenticate the information based on her own records, and that this in turn

hampered her ability to dispute the information in the report, causing her to suffer

confusion, frustration, and anxiety. Watkins set forth a claim under 15 U.S.C.

1681g(a)(1), and alleged that Equifax violated the Fair Credit Reporting Act.

{¶4} Equifax filed a motion to dismiss under Civ.R. 12(B)(6), and the court

granted Equifax’s motion. This appeal followed.

II. Analysis

{¶5} Watkins’s two assignments of error take issue with the court’s dismissal

of her complaint. She argues that her complaint “plausibly” alleged violations of 15 OHIO FIRST DISTRICT COURT OF APPEALS

U.S.C. 1681g(a)(1), and therefore, the court’s dismissal was erroneous. We address

these assignments of error together.

A. Civ.R. 16(B)(6)

{¶6} We review a court’s ruling on a Civ.R. 12(B)(6) motion de novo. Fox

Consulting Group, Inc. v. Mailing Servs. of Pittsburgh, Inc., 2022-Ohio-1215, ¶ 7 (1st

Dist.). A Civ.R. 12(B)(6) motion tests the sufficiency of the complaint. Id. at ¶ 6, citing

Thomas v. Othman, 2017-Ohio-8449, ¶ 18 (1st Dist.). A court deciding a Civ.R.

12(B)(6) motion “must accept all factual allegations in the complaint as true and draw

all reasonable inferences in favor of the nonmoving party.” Id. Dismissal is only

appropriate where it appears, beyond doubt, that the plaintiff cannot prove a set of

facts that would entitle them to recover. Id., citing Thomas at ¶ 19.

{¶7} 15 U.S.C. 1681g provides in relevant part:

(a) Information on file; sources; report recipients.

Every consumer reporting agency shall, upon request, . . . clearly

and accurately disclose to the consumer:

(1) All information in the consumer’s file at the time of the

request . . .

{¶8} A case like the instant appeal with a similar procedural posture was

decided by the United States District Court for the Southern District of Ohio. In

Watkins v. Equifax Information Servs., LLC, 2025 U.S. Dist. LEXIS 267428 (S.D.

Ohio Dec. 30, 2025), a similar action was filed against Equifax. The plaintiff alleged

that Equifax, as a credit reporting agency, was obligated to disclose all information in

her file, but that the shared report “omitted critical information such as full account

numbers, complete payment histories, and other essential fields” from her credit

report. Id. at *3 The plaintiff also claimed that Equifax shares credit reports with third

4 OHIO FIRST DISTRICT COURT OF APPEALS

parties that contain full account numbers. Id. at *14.

{¶9} The court denied Equifax’s motion to dismiss. The court adopted the

Seventh Circuit Court of Appeals’ definition for “file” as “information included in a

consumer report.” Id. at *11, citing Gillespie v. Trans Union Corp., 482 F.3d 907, 909-

910 (7th Cir., 2007). The court reasoned that for a plaintiff to assert an effective claim

under 15 U.S.C. 1681g(a)(1), she must show the credit reporting agency failed to

include information that the agency had shared in past reports, or that the agency had

failed to include information it intended to include in future reports. Watkins at *11.

This is in accord with 15 U.S.C. 1681g’s purpose, which is “to enable consumers to

obtain information in order to dispute any potential inaccuracies in the file so that

inaccurate information is not sent to third parties.” Id. at *12, quoting Selvam v.

Experian Information Solutions, Inc., 651 F.Appx. 29, 33 (2d Cir. 2016).

{¶10} The Watkins court determined that whether Equifax, as a credit

reporting agency, had shared complete account numbers with third parties, or

whether it intended to do so in the future constituted a question of fact. Because

Watkins’s complaint stated a “plausible” claim under 15 U.S.C. 1681g(a), the court

denied Equifax’s motion to dismiss. Id. at *14.

{¶11} The Southern District’s opinion Watkins is instructive. Both the

plaintiff in that case and in the case sub judice relied on whether Equifax shares

complete account numbers in the credit reports it provides to third parties. See

Watkins, 2025 U.S. Dist. LEXIS 267428, at *14. “If that allegation is not accurate – if

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Watkins v. Equifax Information Servs., L.L.C., (Ohio Ct. App. 2026).

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Related

Thomas v. Othman
2017 Ohio 8449 (Ohio Court of Appeals, 2017)
Fox Consulting Group, Inc. v. Mailing Servs. of Pittsburgh, Inc.
2022 Ohio 1215 (Ohio Court of Appeals, 2022)
Selvam v. Experian Information Solutions, Inc.
651 F. App'x 29 (Second Circuit, 2016)