Doc available here
Equifax has not provided an explanation for why it posts both positive payment information and negative delinquency data within the Date of Last Activity field. Even more damning to Equifax is the fact that the field immediately next to the Date of Last Activity is a field labeled “Date Maj. Dlqu. Rptd.” Equifax defines the Date Maj. Dlqu. Rptd. field as “the date the first major delinquency was reported.” Although the Date Maj. Dlqu. Rptd. field appears to be available for use on Equifax’s form, it remains blank on the disclosures provided to the plaintiffs pursuant to § 1681g(a)(1).
[...]
Alternatively, if the plaintiffs do not bring a motion for summary judgment then they will need to prove their case before a trier of fact. We pause to make these observations because we recognize that our decision is critical of Equifax’s disclosures—we are troubled by these disclosures in light of the requirements of the FCRA—but we stress that we are not deciding today the issue of Equifax’s liability. We are only deciding that the case must continue. The issue of Equifax’s liability, whether decided through a plaintiffs’ motion for summary judgment or at trial, is for the district court to decide in the first instance. Finally, we note that the district court did not consider the plaintiffs’ motion for class certification because it granted Equifax’s motion for summary judgment. The district court should return to its consideration of the class certification if the plaintiffs choose to pursue a class action.
