Perry v. Toyota Motor Credit Corp.

In this Fair Credit Reporting Act suit, the plaintiff sufficiently alleged that Toyota violated the statute by falsely reporting that he had “reaffirmed” his vehicle lease, rather than “assumed” it.

The plaintiff has alleged that, among other things, he has been denied credit on multiple occasions due to the reporting of the Toyota account, exactly the type of harm Congress sought to prevent in enacting the Act. He also alleges facts making it plausible that Toyota did not conduct a reasonable investigation of his dispute regarding its reporting of his account as reaffirmed.

However, the plaintiff’s contention that Toyota inaccurately furnished information stating that his account was due and owing, with a past-due balance fails to state a claim under FCRA § 1681s-2(b).

Motion to dismiss granted in part and denied in part.

Perry v. Toyota Motor Credit Corp., No. 1:18cv34, Jan. 25, 2019. WDVA at Abingdon (Jones).

Categories: Opinions, U.S. District Court - Western District of Virginia


%d bloggers like this: