Hugo Cesar Gervacio v. LVNV Funding LLC

Summary

The United States District Court for the Northern District of Illinois granted LVNV Funding LLC’s motion for summary judgment in Hugo Cesar Gervacio’s Fair Credit Reporting Act action. The court held that Gervacio failed to show that LVNV reported information that was inaccurate or materially misleading, including the account-opening date and date of first delinquency. Because no reasonable jury could find actionable inaccuracy or incompleteness, the court did not address the reasonableness of LVNV’s investigation or damages.

Holdings

1. A plaintiff pursuing a claim under 15 U.S.C. § 1681s-2(b) must first show that the furnisher provided information that was inaccurate or incomplete. Information is actionable when it is patently incorrect or materially misleading in a manner that could be expected to adversely affect credit decisions; mere imprecision is insufficient.
2. Reporting July 16, 2021 as the account-opening date was not inaccurate or materially misleading where that date represented the date LVNV acquired or opened its collection account, the report identified Credit One as the original creditor, and the report separately identified the October 2020 first-delinquency date.
3. Any error in reporting October 4, 2020 rather than September 29, 2020 as the first-delinquency date was not materially misleading or actionable under the FCRA.

Questions Presented

1. Whether Gervacio made the threshold showing required for an FCRA § 1681s-2(b) claim by presenting evidence that LVNV reported inaccurate or incomplete information.
2. Whether the reported July 16, 2021 account-opening date was inaccurate or materially misleading when it reflected the date LVNV acquired or opened its collection account rather than the date Credit One originally issued the credit card.
3. Whether the reported October 4, 2020 date of first delinquency was actionable when Gervacio contended that delinquency began five days earlier.
4. Whether summary judgment was proper on the FCRA claim.

Disposition

other