Ronald Herisko v. Bank of America

MEMORANDUM

Plaintiff appeals the district court’s adverse summary judgment ruling, dismissing claims he asserted under the Fair Credit Reporting Act, 15 U.S.C. §§ 1681— 1681x (“FCRA”), against Defendants Bank of America and Experian. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

In order to trigger a credit reporting agency’s duty under the FCRA to investigate a claim of inaccurate information, a consumer must notify the agency of the purported reporting error. See 15 U.S.C. § 1681i(a)(l)(A). Here, the only notice Plaintiff provided to Experian about his dispute was a letter claiming that his credit information was inaccurate because his second mortgage with Bank of America “was not discharged” but rather “exempted from the [bankruptcy under California exemptions.” This letter did not put Ex-perian on notice that Plaintiff was claiming a different purported inaccuracy, i.e., that his credit report failed to reflect the fact and consequences of his second mortgage “riding through” his bankruptcy. This is the alleged inaccuracy underlying the present suit. Plaintiffs dispute letter was therefore insufficient to trigger Experian’s duty under § 1681L The district…