Fred J. Peters v. Equifax Information Services LLC, Experian Information Solutions Inc., Discover Bank, SST/CIGPFI Corp., and Does 1 through 10, inclusive
Published: Jul. 19, 2014 | Result Date: Mar. 7, 2014 | Filing Date: Jan. 1, 1900 |Case number: 5:12-cv-01837-TJH-OP Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Robert F. Brennan
(Law Offices of Robert F. Brennan APC)
Defendant
Thomas P. Quinn Jr.
(Nokes & Quinn APC)
Debbie P. Kirkpatrick
(Sessions, Fishman, Nathan & Israel LLP)
James K. Schultz
(Sessions, Israel & Shartle LLP)
David J. Kaminski
(Carlson & Messer LLP)
Facts
Fred Peters sued Discover Bank and others for violations of the Fair Credit Reporting Act.
Contentions
PLAINTIFF'S CONTENTIONS:
Peters owned and operated East West Truck and Repair in Nuevo California. However, due to fraud and identity theft, Peters lost the goodwill he had built with his vendors and creditors. Peters learned in 2010 that he had been a victim of identity theft, and filed a police report. In 2011, Peters' secretary, Rebecca Markham, was found guilty of unauthorized use of Peters' identity.
Peters sent defendants dispute letters, disputing several accounts that did not belong to him and requesting that they be removed. However, defendants continued to consider the accounts valid. Peters requested that they cease any negative credit reporting and remove his account from collection activity, but the defendants did not.
Result
The court granted summary judgment for Discover Bank.
Other Information
Plaintiff is appealing the matter to the 9th Circuit Court of Appeals. Defendants Equifax, Experian and SST/CIGPFI, all settled on confidential terms. FILING DATE: Oct. 23, 2012.
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