Collins v. Experian Information Solutions, Inc. Under the Fair Credit Reporting Act, a Consumer May Recover Damages.
We served as co-counsel in a case of first impression in which the court issued a published decision finding that under § 1681i(a) of the Fair Credit Reporting Act, a consumer may recover actual damages, which in this case were damages for only emotional distress, even if the defendant credit reporting agency did not publish the consumer’s false credit information to a third party. In doing so, the court reversed the decision of the U.S. District Court for the Northern District of Alabama granting summary judgment to Experian. This is a significant win for consumers because it provides a recourse for those who, like Mr. Collins, work in vain to have a credit reporting agency remove false and damaging information, but have not actually had that information issued to a credit furnisher or other third party.