UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

JOHN T. SHAW, on behalf of himself No. 16-56587 and all others similarly situated; KENNETH COKE; RAYMOND D.C. No. RYDMAN, 3:13-CV-01295- Plaintiffs-Appellants, JLS-BLM

v. OPINION EXPERIAN INFORMATION SOLUTIONS, INC., Defendant-Appellee.

Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding

Argued and Submitted April 10, 2018 Pasadena, California

Filed May 29, 2018

Before: MARY M. SCHROEDER and MILAN D. SMITH, JR., Circuit Judges, and GERSHWIN A. DRAIN, * District Judge.

Opinion by Judge Milan D. Smith, Jr.

* The Honorable Gershwin A. Drain, United States District Judge for the Eastern District of Michigan, sitting by designation. 2 SHAW V. EXPERIENCE INFORMATION SOLUTIONS

SUMMARY **

Fair Credit Reporting Act

The panel affirmed the district court’s summary judgment in favor of defendant Experian Information Solutions, Inc., in an action brought under the Fair Credit Reporting Act.

Plaintiffs alleged that Experian, a consumer reporting agency, violated the FCRA in the manner in which it reported short sales on their real property.

The panel held that plaintiffs’ reasonable procedures and reasonable reinvestigation claims under 15 U.S.C. §§ 1681e and 1681i failed because plaintiffs’ credit reports were accurate.

Plaintiffs’ failure to disclose claim under § 1681g failed because Experian clearly and accurately disclosed to them all information that Experian recorded and retained that might be reflected in a consumer report.

Plaintiffs’ request for statutory damages under § 1681n failed because they did not show a willful violation by Experian.

** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader. SHAW V. EXPERIENCE INFORMATION SOLUTIONS 3

COUNSEL Guerino John Cento (argued), Cento Law LLC, Indianapolis, Indiana; Matthew J. Zevin, Stanley Law Group, San Diego, California; for Plaintiffs-Appellants. Adam Wiers (argued), Jones Day, Chicago, Illinois; Kelly V. O’Donnell, Jones Day, San Diego, California; for Defendant-Appellee.

OPINION M. SMITH, Circuit Judge:

Plaintiffs-Appellants John Shaw, Kenneth Coke, and Raymond Rydman (collectively, Appellants) brought this action against Defendant-Appellee Experian Information Solutions, Inc. (Experian), alleging violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, et seq. Between 2010 and 2011, each Appellant executed a short sale on real property that he owned. Appellants brought this action against Experian because of the manner in which Experian reported those short sales. The district court granted summary judgment in favor of Experian on all claims. We affirm.

First, we hold that Appellants’ reasonable procedures and reasonable reinvestigation claims fail because Appellants’ credit reports were accurate. Second, Appellants’ failure to disclose claim fails because Experian clearly and accurately disclosed to Appellants all information that Experian recorded and retained that might be reflected in a consumer report. Third, Appellants’ request 4 SHAW V. EXPERIENCE INFORMATION SOLUTIONS for statutory damages under 15 U.S.C. § 1681n fails because they have not shown a willful violation by Experian.

FACTUAL AND PROCEDURAL BACKGROUND I. Credit Reporting Industry

Experian is a consumer reporting agency (CRA) as defined by the FCRA. 15 U.S.C. § 1681a(f). CRAs re