Watkins v. Equifax Information Services LLC

Summary

The Southern District of Ohio denied Equifax Information Services LLC’s motion to dismiss a Fair Credit Reporting Act claim concerning allegedly truncated account numbers in a consumer file disclosure. The court held that the complaint plausibly alleged that Equifax had included complete account numbers in consumer reports provided to third parties, making the information potentially subject to disclosure under 15 U.S.C. § 1681g(a)(1). The court also denied the plaintiff’s motions for leave to file a surreply and for a detailed written ruling.

Holdings

1. Leave to file a surreply was properly denied because Watkins did not demonstrate good cause; her arguments addressed the merits of Equifax's position rather than new grounds or misstatements raised in the reply.
2. For purposes of § 1681g(a), a consumer's file includes information that the consumer reporting agency included in a consumer report in the past or plans to include in a consumer report in the future; the provision is not limited to information that bears on the consumer's creditworthiness.
3. Watkins plausibly alleged that Equifax violated § 1681g(a)(1) by providing truncated account numbers where Equifax allegedly included complete account numbers in consumer reports furnished to third parties.
4. Watkins's motion for a detailed written ruling was denied because the court treated it as an improper request for a surreply and resolved the motion to dismiss in the opinion.

Questions Presented

1. Whether Watkins showed good cause for leave to file a surreply under S.D. Ohio Civ. R. 7.2(a)(2).
2. Whether a plaintiff asserting a claim under 15 U.S.C. § 1681g(a)(1) must allege that the omitted information bears on creditworthiness.
3. Whether truncated account numbers allegedly included in Equifax's consumer-file disclosure stated a plausible Fair Credit Reporting Act claim.
4. Whether the court should grant Watkins's motion for a detailed written ruling.

Disposition

other