Harmon v. Regions Bank

Summary

The Mississippi Supreme Court affirmed summary judgment for Regions Bank in the Harmons' claims arising from allegedly false credit reporting and related harassment. The court held that the Fair Credit Reporting Act preempted the state-law defamation and harassment claims because the Harmons did not present sufficient allegations or evidence that the information was furnished with malice or willful intent to injure. The court also held that additional findings of fact were not required on summary judgment and that the motion to amend was untimely.

Holdings

1. The FCRA expressly preempted the Harmons' state-law claims because defamation is specifically listed in 15 U.S.C. § 1681h(e), and the harassment claim was in the nature of an invasion-of-privacy claim. The exception for false information furnished with malice or willful intent to injure did not apply because the Harmons presented no evidence or sufficiently particular allegations establishing malice or willful intent.
2. The circuit court was not required to make Rule 52 findings of fact in ruling on a Rule 56 summary-judgment motion, and the record nevertheless showed that the trial judge adequately addressed the false-reporting and malice issues.
3. The circuit court properly denied the Harmons' motion to amend because the motion was filed seven days after entry of final judgment and therefore was untimely.

Questions Presented

1. Whether the Fair Credit Reporting Act preempted the Harmons' state-law claims for defamation and harassment based on Regions Bank's reporting of credit information.
2. Whether the circuit court was required to make findings of fact concerning the FCRA preemption issue.
3. Whether the circuit court abused its discretion by denying the Harmons' motion to amend their complaint after entry of summary judgment.

Disposition

affirmed