Appeals Court Upholds Verdict in Sloane v. Equifax
Tuesday, January 15, 2008
A recent FindLaw article by Anthony Sebok reported:
"The U.S. Court of Appeals for the Fourth Circuit recently upheld a sizable verdict against a credit agency for failing to promptly and efficiently aid a victim of identity theft. The decision in Sloane v. Equifax Information Services does not break new doctrinal ground. It does, however, underscore how identity theft could become a headache not only for individual consumers, but large financial reporting companies."
In 2003, Suzanne Sloane (Sloane) had her SS# stolen at Prince William Hospital in Virginia by a hospital employee named Shovana Sloane. The identity thief quickly ran up a $30,000 debt in Sloane's name. Sloane contacted Equifax of the theft and provided appropriate documentation of the fraudulent charges according to Equifax's instructions. Shovana Sloane was later arrested and convicted of the identity theft crime. At the jury trial, Equifax was found liable through its incompetence to have compounded the problem and never accurately fixed Suzanne Sloane's credit report.
"Finally, in November 2005, Sloane sued all three of the national credit reporting agencies, the Prince William Hospital and the employment agency that had helped place Shovana Sloane. Sloane settled with all the defendants but Equifax."
Here's the most important part of the story for consumers:
"Sloane sued the credit agencies under the Federal Credit Reporting Act, a 1968 law Congress passed to protect consumers from negligently-maintained credit records. The law sets out requirements to ensure that credit reporting agencies maintain accurate records, and it provides for a private right of action by injured consumers, who may seek to recover damages in the event that a credit reporting agency negligently violates any of the statute's requirements. At trial, the jury found that Equifax had violated the FCRA and awarded Sloane $106,000 in economic losses and $245,000 in mental anguish."
The Appeals Court did reduce the amount of Sloane's award to $150,000. Maybe the credit bureaus will now take identity theft more seriously. In my opinion, the reduction was unwise since identity theft strikes at a consumer's ability to take care of their self and their family. In his article, Sebok correctly concludes:
"As the Fourth Circuit itself noted, FCRA cases are changing. Whereas errors used to arise from simple carelessness within the banking industry itself, the possibility of the errors' resulting, instead, from identity theft, as occurred here, is increasing, along with the ubiquity of the Internet, Wi-Fi, and smartphones. Credit reporting agencies will be the means by which much more misinformation will be "published" and the consequences of lax practices for correction will grow even more severe."