Zabriskie v. Federal National Mortgage Association, No. 17-15807 (9th Cir. 2019)Annotate this Case
Fannie Mae is not a consumer reporting agency within the meaning of the Fair Credit Reporting Act (FCRA). The Ninth Circuit reversed the district court's judgment in favor of plaintiffs in an action brought under the FCRA, alleging that Fannie Mae falsely communicated to potential mortgage lenders, via its proprietary software, called Desktop Underwriter, that plaintiffs had a prior foreclosure on a mortgage account. In light of the Federal Trade Commission's guidelines, the panel held that Fannie Mae was not a consumer reporting agency because it did not regularly engage in the practice of assembling or evaluating consumer information. Furthermore, Fannie Mae did not act with the purpose of furnishing consumer reports to third parties. The panel also vacated the award of attorney's fees and costs to plaintiffs.
The court issued a subsequent related opinion or order on October 8, 2019.