Randall Ferguson v. Wells Fargo Bank, N.A.

MEMORANDUM

Randall Ferguson appeals the district court’s grant of Wells Fargo’s motion for summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we reverse and remand.

Ferguson brought suit against Wells Fargo under a provision of the Fair Credit Reporting Act, 15 U.S.C. § 1681s-2(b), for failing to accurately report to TransUnion that there was no bankruptcy on his account.

Under 15 U.S.C. § 1681s-2(b), a fur-nisher of credit information must investigate and report “[ajfter receiving notice ... of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency.” Here, Wells Fargo furnished information about Wells Fargo accounts to TransUnion, the credit reporting agency, either originally, in response to TransUnion’s inquiry, or both. Ferguson disputed to TransUnion the completeness and accuracy of the information about his Wells Fargo account. Because Ferguson in fact disputed that account, Wells Fargo was obligated to reasonably investigate and accurately report its findings back to TransUnion.

The district court erred by granting summary judgment because there are gen uine disputes of fact as to…