Cortez v. Trans Union, LLC, 08-2465, involved plaintiff's suit against Trans Union pursuant to the Fair Credit Reporting Act for failing to correct the problems with plaintiff's credit report or respond satisfactorily to her inquiries, arising from defendant's production of plaintiff's credit history report to a car dealer containing a credit history report of another individual with very poor credit history.
In affirming the district court's judgment, the court held that defendant remains responsible for the accuracy in its reports under the FCRA as Congress clearly intended to ensure that credit reporting agencies exercise care when deciding to associate information with a given consumer, and the record clearly supports the jury's determination that defendant did not exercise sufficient care here. Also, the district court did not err in denying defendant's motion for judgment as a matter of law on plaintiff's claims under 15 U.S.C section 1681. The court affirmed the district court's entry of judgment for $100,000 in punitive damages as it clearly had the authority to enter the conditional remittitur and plaintiff's attempt to avoid the Supreme Court's decision in Donovan is meritless. The court also affirmed the district court's denial of defendant's motion to remit the compensatory damage award, as well as the district court's remitted punitive damages award of $100,000.
- Full text of Cortez v. Trans Union, LLC, 08-2465