Shimon v. Equifax Information Services LLC, No. 20-689 (2d Cir. 2021)
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After Asset Acceptance received a default judgment against plaintiff in a debt collection action, Asset Acceptance began garnishing plaintiff's wages. Plaintiff then appeared in the action, eventually entering into a stipulation of settlement. When plaintiff learned that Equifax was including the 2013 default judgment on his credit report, he filed suit alleging that, in reporting the judgment as "satisfied" and in its subsequent dealings with plaintiff, Equifax willfully and negligently violated the source-disclosure, accurate reporting, and reinvestigation provisions of the Fair Credit Reporting Act (FRCPA).
The Second Circuit affirmed the district court's judgment in favor of Equifax, concluding that the district court correctly determined that Equifax's credit report was accurate; plaintiff could not establish damages arising from Equifax's allegedly negligent conduct; and that Equifax need not prove it actually interpreted the FCRA in line with its claimed reasonable interpretation to rely on the reasonable-interpretation defense established by Safeco Insurance Company of America v. Burr, 551 U.S. 47, 57 (2007). The court considered plaintiff's remaining arguments on appeal and found no basis for reversal.
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