Viverette v. Experian

Background

Ontia Viverette filed this self-represented action against Experian, a consumer reporting agency, under the Fair Credit Reporting Act (FCRA). The court had granted her permission to proceed without prepaying filing fees. She alleged that Experian violated several federal statutes and harmed her financially and emotionally. She asked the court to correct fraudulent information in her consumer report and award $275,000 in damages.

Court’s analysis

Because Viverette was proceeding without prepaying fees, the court screened the complaint under 28 U.S.C. § 1915(e)(2)(B). The court explained that it must dismiss such a complaint if it is frivolous, fails to state a claim for relief, seeks money from an immune defendant, or falls outside the court’s jurisdiction. The court also explained that self-represented pleadings are read liberally, but they still must provide enough factual detail to make a claim plausible.

The court focused on the FCRA provisions requiring consumer reporting agencies to use reasonable procedures to ensure the maximum possible accuracy of consumer reports and to reasonably reinvestigate information disputed by a consumer. To state a claim under those provisions, a plaintiff must identify inaccurate information and explain why it is inaccurate. The plaintiff must also allege facts showing that the agency failed to follow reasonable procedures or conduct a reasonable reinvestigation.

The court concluded that Viverette did not identify any specific inaccurate names, addresses, accounts, or other information in her report. She also did not explain why the information was inaccurate or provide facts showing that Experian failed to conduct a reasonable reinvestigation. The court therefore found that she failed to state a claim under the FCRA.

Disposition

The court granted Viverette leave to file an amended complaint within 60 days. The amended complaint must replace, rather than supplement, the original complaint and must include the facts and claims she wants the court to consider. The court instructed her to provide information such as the relevant people, events, approximate dates and locations, injuries, and requested relief.

The court did not dismiss the complaint at that time. It warned that the complaint would be dismissed for failure to state a claim if Viverette did not timely amend and could not show good cause for the delay. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. The Clerk was directed to mail the order to Viverette and note service on the docket.