In a significant decision that could reshape Fair Credit Reporting Act litigation throughout much of the western United States, the U.S. Court of Appeals for the Tenth Circuit recently overturned a $500,000 jury verdict awarded to a Colorado consumer whose identity was allegedly stolen and used to rent an apartment in Texas.

The case involved Colorado resident Robbin Ward, who discovered a delinquent rental debt on his credit report while applying for a mortgage. According to court records, Ward maintained that someone had fraudulently used his personal information to lease an apartment in Texas without his knowledge or permission. After the tenant defaulted on the lease, the unpaid balance was assigned to National Credit Systems, which reported the debt to the major credit reporting agencies.

On appeal, the Tenth Circuit reversed that verdict and directed the district court to enter judgment in favor of National Credit Systems. The appellate court held that, before a consumer may prevail on an FCRA claim alleging an unreasonable investigation, the consumer must first demonstrate that the disputed information was "objectively and readily verifiable" as inaccurate.

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