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Larson v. Trans Union, LLC

United States District Court, Ninth Circuit

October 15, 2013

BRIAN DOUGLAS LARSON, Plaintiff,
v.
TRANS UNION, LLC, Defendant.

ORDER ON MOTION TO DISMISS Re: Dkt. No. 7

WILLIAM H. ORRICK, District Judge.

This is a putative class action under the California Consumer Credit Reporting Agencies Act, California Civil Code section 1785.1 et seq. ("CCRAA"). Compl. ¶ 1. Plaintiff Brian Larson ("Larson") asserts that he received a consumer credit disclosure from defendant Trans Union, LLC ("Trans Union") that contained incomplete and inaccurate information. He has alleged two causes of action: (1) Trans Union failed to provide Larson with all of the information in his consumer credit file in violation of CCRAA sections 1785.10 and 1785.15; and (2) Trans Union provided an inaccurate consumer credit report in violation of CCRAA section 1785.14. At the hearing held on September 26, 2013, Larson requested discovery to determine whether there is any additional information in his consumer credit file that Trans Union failed to disclose.

Having considered the parties' briefs and the argument of counsel, and for the reasons set forth below, the Motion to Dismiss is GRANTED with LEAVE TO AMEND. Limited discovery is GRANTED as set forth below.

BACKGROUND

On October 26, 2011, Brian Larson obtained a copy of his file from Trans Union, LLC, a consumer credit reporting agency that compiles and sells consumer credit reports. Compl. ¶¶ 3, 27. After disclosing information under the headings "Personal Information, " "Adverse Accounts, " "Satisfactory Accounts, " "Regular Inquiries, " and "Account Review Inquiries, " the file stated, "End of Credit Report." Compl. ¶ 28. Beneath that heading, the file stated:

-Begin Additional Information-
Additional Information
The following disclosure of information is provided as a courtesy to you. This information is not part of your TransUnion [sic] credit report, but may be provided when TransUnion receives an inquiry about you from an authorized party. This additional information can include Special Messages, Possible OFAC Name Matches, Income Verification and Inquiry Analysis information. Any of the previously listed information that pertains to you will be listed below.

Compl. ¶ 29. The file then states:

Possible OFAC Match
...
As a courtesy to you, we also want to make sure you are aware that the name that appears on your TransUnion credit file is considered a potential match to information listed on the United States Department of Treasury's Office of Foreign Asset Control ("OFAC") Database.
The OFAC record that is considered a potential match to the name on[1] ...

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