Tyler Jordan Oatway v. Experian Information Solutions, Inc. et al.
2:24-cv-00523
W.D. Wash.Sep 19, 2025Background
- Oatway alleges 700Credit and Experian reported him as deceased via a Red Flag Report, which Def in turn used in car purchase financing disputes.
- 700Credit provides red-flag identity verification products to car dealerships and resells CRA reports; Definitive Motors contracts to use Red Flag services for identity verification, not credit decisions.
- Red Flag Report combines data from Experian, Equifax, and TransUnion, plus 700Credit’s Identity Verification; it includes an SSN check and a death flag from the Death Master File.
- Definitive Motors submitted Oatway’s info through the CUDL portal; lenders declined for high debt-to-income ratio; no lender was notified of a red flag.
- Dispute centers on whether the incorrect SSN entry originated with 700Credit or was supplied by Definitive Motors; Quinones did not view the full Detail Report.
- Court grants partial summary judgment: red flag report is a consumer report; addresses expert (Hollon) and sealing motions; others remain disputed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the Red Flag Report a consumer report under FCRA? | Oatway: yes, it bears on creditworthiness and is used to assess eligibility. | 700Credit: no, not used to determine creditworthiness; not a traditional consumer report. | Yes; Red Flag Report is a consumer report. |
| Did 700Credit follow reasonable procedures under 1681e(b)? | Oatway: procedures were not reasonable to ensure accuracy. | 700Credit: used reasonable procedures per Red Flags Rule guidance. | Issue of fact; neither side is entitled to summary judgment. |
| Did 700Credit fail to conduct a reasonable reinvestigation under 1681i(a)? | Oatway: 700Credit failed to reinvestigate after dispute and did not respond. | 700Credit: as a reseller, reinvestigation obligations are limited; report used once. | Partial: direct contact and failure to respond are established; issues on causation and damages remain; no full summary judgment for either side. |
| Did Oatway suffer damages causally from 700Credit's conduct? | Oatway: damages include lost credit opportunities, higher loan costs, emotional distress. | 700Credit: no damages linked to the Red Flag Report; lenders’ decisions were independent. | Damages questions remain; summary judgment denied for definitive causation, but some damages aspects survive as disputed facts. |
| Willfulness under 1681n: should the court grant relief based on willful violations? | Oatway: willful violation shown by conduct. | 700Credit: insufficient briefing on willfulness. | No ruling on willfulness; further fact development required. |
Key Cases Cited
- Guimond v. Trans Union Credit Info. Co., 45 F.3d 1329 (9th Cir. 1995) (liberal construction of FCRA; liability requires proof of inaccuracy and causation)
- Cortez v. Trans Union, LLC, 617 F.3d 688 (3d Cir. 2010) (OFAC-like reports can be consumer reports if used to assess eligibility for credit)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (S. Ct. 1986) (no credibility determinations in summary judgment; facts must be genuine)
- Dennis v. BEH-1, LLC, 520 F.3d 1066 (9th Cir. 2008) (emotional distress damages available as actual damages in FCRA context)