Ottiano

Ottiano v. Credit Data Southwest, Inc.

Good Law
54 F. App'x 640
United States Court of Appeals for the Ninth CircuitJanuary 15, 2003No. 02-15302; D.C. No. CV-01-01367-JWSCalifornia383 words

Opinion

Lead Opinion

MEMORANDUM **

Michael J. Ottiano appeals pro se the district court’s summary judgment for defendant in his action under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 , alleging that defendant prepared an inaccurate consumer credit report. Ottiano also appeals the district court’s award of attorney’s fees to defendant under 15 U.S.C. §§ 1681n(c) and 1681o(b), and the imposition of sanctions under Federal Rule of Civil Procedure 11. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s grant of summary judgment. Guimond v. Trans Union Credit Info. Co., 45 F.3d 1329, 1332 (9th Cir.1995). We vacate and remand.

Ottiano presented a prima facie case under section 1681e(b) of the FCRA by presenting evidence that his credit report contained inaccurate information. See id. at 1333 . (“In order to make out a prima facie violation under § 1681e(b), a consumer must present evidence tending to show that a credit reporting agency prepared a report containing inaccurate information.”). Because the parties dispute whether defendant implemented and followed reasonable procedures to assure maximum possible accuracy of Ottiano’s credit report, the district…

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