Dreher v. Experian Info. Solutions, Inc., 2014 U.S. Dist. LEXIS 167534 (E.D. Va. Dec. 3, 2014).
Facts: In November 2010, Michael T. Dreher ("Plaintiff") discovered Experian Information Solutions, Inc. ("Experian") was reporting a delinquent credit card account identified as an Advanta Credit Card ("Advanta Account"). Plaintiff disputed the Advanta Account with Experian. At that time, Advanta Bank Corp. ("Advanta") had already been shut down by the Utah Department of Financial Institutions and the Federal Deposit Insurance Corporation ("FDIC") had stepped in to oversee the bank as a receiver. In July 2010, the FDIC had appointed CardWorks, Inc. and CardWorks Servicing, LLC ("CardWorks") to service all Advanta accounts, including acting as a customer-service intermediary for Advanta and handling all communications with customers regarding their Advanta accounts.
As a result of these changes implemented by the FDIC, CardWorks was also the immediate provider of information to Experian with respect to the Advanta Account. Even though it was providing the information to Experian, CardWorks specifically requested that Experian not list it as the source of information, but rather to continue listing Advanta as the source with respect to Plaintiff's Advanta Account and other similarly situated accounts. Experian honored CardWorks' request and...
