McFadden v. Experian Information Solutions

In 2025, the McFaddens purchased a new car. Because the dealership mistakenly processed their old car as a trade-in and paid off the car loan, the bank closed the loan account, preventing the McFaddens from making any further payments. The bank also reported the loan as fully paid to credit bureaus, including Experian, for several months. Later, though, the bank refunded the payment to the dealership. It also reported to credit bureaus that the McFaddens had missed payments on the loan and, subsequently, that the loan was in default. The couple submitted disputes to Experian to correct that reporting, but Experian did not make the correction.

The McFaddens sued Experian under the Fair Credit Reporting Act (FCRA) for failing to follow proper procedures to correct the error. The district court granted Experian’s motion for judgment on the pleadings on the ground that the plaintiffs had failed to allege an “objectively and readily verifiable” inaccuracy that Experian could resolve.

Public Citizen represents the plaintiffs on appeal. Our brief explains that the district court misapplied Fourth Circuit precedent in concluding that Experian lacked the ability to investigate and verify the plaintiffs’ allegation that they were not delinquent on their car loan.