The U.S. Court of Appeals for the Ninth Circuit held that an inaccurate consumer report established concrete injury sufficient to confer standing to sue in federal court. On remand from a prior Supreme Court appeal, the Ninth Circuit issued a decision on August 15, 2017 finding that the Fair Credit Reporting Act (FCRA) protects consumers from harm to their reputation and privacy interests. The court further held that publishing false information in a credit report can itself constitute concrete harm. Specifically, the court found that by producing an inaccurate credit report, the defendant had distributed a materially inaccurate report resulting in injury to the plaintiff.
Through this decision, the Ninth Circuit applied an expansive interpretation of standing to sue in federal court. Although the original case was filed in California, the ruling applies equally to consumers here in Las Vegas/Henderson and throughout Nevada as we are within the Ninth Circuit’s jurisdiction. As a result, consumers in Nevada are permitted to bring claims against credit bureaus and lenders who report inaccurate information on their credit reports whether or not the consumers have experienced monetary damages like loan denials, out-of-pocket expenses, or increase in interest rates.
Ultimately, the Ninth Circuit found that having an inaccurate and misleading credit reporting is damaging enough to a consumer’s privacy and reputational interest to warrant a lawsuit to remedy this harm. If you have experienced inaccurate credit reporting, you may be entitled to damages under the FCRA, correction of the inaccurate reporting, and payment of your attorney’s fees and costs.