In Radney v. Bayview Loan Servicing, LLC, 2016 WL 3551677, at *3 (N.D.Ill., 2016), Judge Darrah denied a motion to dismiss a FCRA claim arising out of a creditor’s post-discharge credit reporting.
Bayview argues that Plaintiff’s allegations are refuted by the documents attached to his Amended Complaint. Specifically, Bayview references a corrected credit report dated September 4, 2015, from Experian, arguing that the report makes clear that the loan in question was included in Plaintiff’s bankruptcy and that Plaintiff’s dispute regarding that account was investigated and corrected. (FAC Exh. Q.) However, Plaintiff argues that the corrected credit report from Experian does not correct all of the information at issue, and failure to do so is still a violation of the FCRA. Specifically, Plaintiff notes that the Account History section of the report shows post-discharge balances and scheduled monthly payments. The parties’ disagreement over this section turns on whether including the original scheduled payment amounts for the months post-discharge and a statement that “No Data” is provided for the “Actual Amount Paid” is inaccurate reporting. At this stage in determining the sufficiency of the pleadings, Plaintiff has sufficiently pled that this depiction of his mortgage may have been inaccurate and that failure to investigate his dispute constituted a violation of the FCRA.