Torrnace v. CBC Innovis, S.D. Ohio (Case No. 1:08-cv-403)
Successfully defended CBC Innovis in an action by a consumer for alleged violation of the Fair Credit Reporting Act ("FCRA"). The district court granted CBC Innovis' motion to dismiss, holding it was not liable as a matter of law for the alleged inaccurate credit reports. The district court concluded that under the FCRA, CBC Innovis was a "reseller" of information, and not a "consumer reporting agency," and hence was not liable for the inaccuracies allegedly contained in Plaintiff's credit reports. The district court also concluded that the complaint failed to state a claim against CBC Innovis because it did not allege that it failed to use reasonable procedures to ensure the accuracy of the information it reports. The district court's decision is available at 2009 U.S. Dist. LEXIS 24936.