Accurately Reported Enrollment & Degree Data is not Adverse Information
The Court has held that, "as a matter of law, []college attendance dates and degree-conferral status are not ‘adverse information’ under the plain language of section 1681c(a)(5).”
In Jenkins v. Carco Group the plaintiff alleged in a punitive class action law suit that by reporting negative information about her educational history when she had attended more than seven years ago was a violation of the FCRA.
In section 1681c(a)(1)-(6) the FCRA provides categories that are precluded from being reported unless by exceptions otherwise noted in the FCRA. They are the following:
(1) bankruptcy proceedings;
(2) civil suits, judgments, and arrests;
(3) paid tax liens;
(4) accounts sent for collection or charged to profits and loss;
(5) any other adverse item of information, other than records of convictions of crimes, which antedates the report by more than seven years, and
(6) contact information of medical providers.
The plaintiff never alleged she did actually receive the degree or dispute the accuracy of the report, just that the information should not have been included because it was "adverse" and antedated the report by seven years.
Carco filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), which was granted.
