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Summary Judgment in Favor of Experian Reversed

The Eleventh Circuit Court of Appeals has overturned a summary judgment entered in favor of Experian Information Solutions, Inc. in

a Fair Credit Reporting Act lawsuit brought by Henry Losch. It found that not only did Losch have standing to bring the claims, but also that Experian's prosecution of Losch's credit reporting dispute was not “reasonable as a matter of law.”

After the conclusion of a bankruptcy case, Henry Losch found the debt was still reported on credit reports provided by Experian and being noted as past due. While Losch disputed the report, and Experian sent the dispute to the mortgage servicer, Nationstar, which confirmed the loan balance and past-due status, Experian took no further action after notifying Losch. The District Court entered a summary judgment in favor of Experian, finding its reliance on the furnisher's answer as reasonable; however, Losch appealed the decision.


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