E.D.N.C.: Myrick v.  Equifax- Duty to Investigate Credit Report Dispute and Bankruptcy Discharge

Summary: Mr.  Myrick brought suit against Equifax under the FCRA for willfully failing to verify the discharge of a debt in his Chapter 7 bankruptcy.   In light of Daughterty v.  Ocwen Loan Servicing, the district court reconsidered its previous grant of summary judgment and instead found that Equifax had in its possession "records that would have enabled it to confirm the status of the ... account through an identified source, i.e., PACER."   Instead, there was a factual issue of "whether Equifax conducted a reasonable investigation by limiting its efforts to confirming the disputed information" with the creditor and not checking PACER or elsewhere. Commentary: This is example of  excellent persistence by the lawyer and also  fortuitous timing in the decision from 4th Circuit coming slow closely with the order. This case also points towards the growing trend, following Houck v.  Lifestore, of bringing matters related to a bankruptcy discharge in the district court rather than bankruptcy court. For a copy of the opinion, please see: Myrick v. Equifax- Duty to Investigate Credit Report Dispute and Bankruptcy Discharge