Toby D. Nelson v. Chase Manhattan Mortgage Corp.
Opinion
Opinion
Noonan, J.
Toby D. Nelson (“Nelson”) appeals the judgment of the district court for the District of Nevada dismissing his suit under the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 -1681u (“the FCRA”) for failure to state a cause of action against the defendant Chase Manhattan Mortgage Corporation (“Chase”). Holding that section 1681s-2(b) does create a cause of action for a consumer against a furnisher of credit information, we reverse the judgment of the district court.
FACTS
According to his complaint and attached exhibits, Nelson on February 2, 1995 became a co-signatory with Anthony Proietti (“Proietti”) on a mortgage loan of $119,950 from Chase. On February 15, 1998, Proietti declared bankruptcy. Nelson continued to pay the amounts due on the mortgage in a timely manner.
Nelson, however, experienced difficulty in obtaining financing after Proietti’s bankruptcy. ' In September 1998, Nelson asked Experian Information Solutions, Inc. (“Ex-perian”) for his credit profile. Experian provided him with a report referring to the account with Chase. Regular payments were shown made up to January 8, 1997, with a balance of $110,011 then showing. The report stated: “As of 2/15/98 this…