In Layton v. Experian Info. Sols., Inc., No. 4:20-cv-00029-DN-PK, 2020 U.S. Dist. LEXIS 205221, at *2-3 (D. Utah Nov. 2, 2020), Judge Nuffer found no inaccuracy in the way that Discover was reporting the Plaintiff’s bankrupt account.
Layton sent a letter, certified, return receipt, to Experian disputing and requesting the above inaccurate information be removed as follows: “Immediately correct this account and the disputed derogatory information from my credit report;” “The discharged debt should be reported with a status of ‘included in bankruptcy’ and balance of $0;” “If you do not immediately correct this account on my credit report please include a 100 word statement on my credit report of all the disputed information contained in this letter regarding this account.” . . .Layton alleges that Discover failed to modify “Plaintiff’s Account[] as notified by Plaintiff” and instead “republished the inaccurate and derogatory information on Plaintiff’s credit report.” The only alleged inaccurate and derogatory information Layton asserts is Discover’s reporting of the account status as “open.” Layton asserts that “[t]he open negative account hurts Plaintiff’s credit score” and “[t]he account should have a status of ‘included in bankruptcy’ so that reviewing creditors do not believe that Plaintiff has an open negative account.” The text of the ACDV demonstrates that although Discover reported the account status as “open,” Discover indicated that the account was “[d]ischarged through Bankruptcy Chapter 7” and had a current balance of $0. Taken together, the ACDV’s indication of a zero dollar balance and remark that the account was discharged in bankruptcy sufficiently signals to creditors that Layton is no longer liable for the discharged debt and does not have an open negative account. Further, Layton does not point to any case that indicates that merely reporting an account as “open” is sufficient for an FCRA claim, when the accompanying current balance is $0, and the ACDV states the debt was discharged in bankruptcy.