Saindon

ORDER DENYING DEFENDANT EQUIFAX’S MOTION FOR PARTIAL SUMMARY JUDGMENT

INTRODUCTION

In this Fair Credit Reporting Act case, defendant Equifax Information Services moves for partial summary judgment on plaintiff Robert Saindon’s FCRA, state law defamation, invasion of privacy and failure to prevent foreseeable injury claims. For the reasons stated below, defendant’s motion is Denied.

STATEMENT

Plaintiff filed a complaint against defendants Equifax, Roger Shulke, and Stephen Lawrence on March 16, 2008. After defendants Roger Shulke and Stephen Lawrence were dismissed without prejudice, defendant Equifax brought this motion for partial summary judgment. Defendant Equifax is the only remaining defendant.

The parties agree on the following facts. The claims at issue in the motion stem from a denial of a Conoco credit card in March 2005, the denial of a Wells Fargo line of credit in January 2006, and the denial of a loan from First Community Bank on May 16, 2006. These denials were all due to a credit report — furnished by defendant Equifax — which contained an erroneous entry by SR Financial Services. After denying credit to plaintiff, Wells Fargo sent plaintiff a letter on January…