Timothy Wheeler v. Experian Information Solutions

facts “tending to show that [Experian] prepared a report containing inaccurate

information.” See Guimond, 45 F.3d at 1333 (citation omitted). The complaint

plausibly alleges that Experian was aware of Wheeler’s bankruptcy discharge, that

the account at issue was discharged, and that Experian inaccurately reported the

discharged account on the report it prepared. Wheeler also plausibly alleges that

Experian should have known that the account was discharged because the account

had not been updated in the twenty months since Wheeler filed for bankruptcy.

Experian’s argument that its October 2020 report was accurate because the

account information was dated February 2019 is unavailing. Even if the information

was accurate as of February 2019, continuing to report the account as open after it

was discharged in bankruptcy was “misleading in such a way and to such an extent

that it could be expected to adversely affect credit decisions.” Shaw v. Experian

Info. Sols., Inc., 891 F.3d 749, 757 (9th Cir. 2018) (cleaned up).

Our recent decision in Moran v. Screening Pros, LLC, 25 F.4th 722 (9th Cir.

2022), does not prevent Wheeler from proceeding past the pleading stage. In…