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AMBER DAWN WILLIAMS, Plaintiff(s) v. EXPERIAN INFORMATION SOLUTIONS, INC., ET AL., Defendant(s)

ORDER

T. JOHN WARD, United States District Judge.

Before the Court is Defendant First Premier Bank's ("FPB") Partial Motion to Dismiss (#35). Having considered the motion, the Court DENIES FPB's motion with respect to Count 1 of Plaintiff's complaint and GRANTS the motion with respect to Counts 2, 3, 6-11, and 15.

Discussion

FPB moves to dismiss Plaintiff's negligence claims arguing that § 1681h(e) of the Fair Credit Reporting Act protects it from liability for negligently furnishing inaccurate credit information. 15 U.S.C. § 1681h(e). As explained in Whitesides v. Equifax Credit Info. Services, Inc., 125 F. Supp.2d 807 (W.D. La. 2000), § 1681h(e) only provides protection from suits based on information disclosed pursuant to certain statutory mandates, none of which are applicable here. Id. at 811 Section 1681h(e) does not protect a person who furnishes inaccurate information to consumer reporting agencies or others from civil liability, generally. Id. Accordingly, the Court DENIES FPB's motion to dismiss with respect to Count one of Plaintiff's complaint.

Section 1681h(e) provides:

Limitation of liability. Except as provided in sections 1681n and 1681o of this title, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to section 1681g, 1681h, or 1681m of this title, or based on information disclosed by a user of a consumer report to or for a consumer against whom the user has taken adverse action, based in whole or in part on the report except as to false information furnished with malice or willful intent to injure such consumer.

For the reasons expressed in the Court's July 16, 2002, order, the Court GRANTS FPB's motion dismiss with respect to Counts 2, 3, 6-11, and 15 of Plaintiff's complaint.

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WILLIAMS v. EXPERIAN INFORMATION SOLUTIONS, INC., (E.D.Tex. 2002)
(Aug 5, 2002)