Kamlesh Banga v. Experian Information Solutions

MEMORANDUM

Kamlesh Banga appeals pro se from the district court’s summary judgment and award of costs in her action alleging that defendants Experian Information Solutions, Inc. (“Experian”) and Kohl’s Department Stores, Inc. (“Kohl’s”) violated the Fair Credit Reporting Act (the “Act”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the grant of summary judgment, Rene v. MGM Grand Hotel, Inc., 305 F.3d 1061, 1064 (9th Cir. 2002) (en banc), and for an abuse of discretion an award of costs to the prevailing party, Dawson v. City of Seattle, 435 F.3d 1054,1070 (9th Cir.2006). We affirm.

The district court properly granted summary judgment on Banga’s claims for willful violations under § 1681n of the Act because, as she conceded to the district court, defendants were not objectively unreasonable in accessing Banga’s credit report for account review purposes while she closed her Kohl’s account. See Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47 , 69-70 & n. 20, 127 S.Ct. 2201 , 167 L.Ed.2d 1045 (2007) (no willful violation if defendant’s interpretation of “less-than-pellucid” statutory text is “not objectively unreasonable” and there is no guidance from courts or…