David Schultz Analyzes Ruling on Standing and Reasonable Procedures in Mixed-File FCRA Case
Featured Column in the April 13, 2026, Issue of the ARM Compliance Digest
In The News | 1 min read
Apr 13, 2026
In the April 13, 2026, issue of the AccountsRecovery.net ARM Compliance Digest, Hinshaw partner David Schultz discusses a Virginia district court’s decision denying a motion to dismiss in a Fair Credit Reporting Act (FCRA) case involving a mixed credit file. The court ruled that the plaintiff has standing and that reliance on information provided by credit reporting agencies is not a viable defense at this stage of the proceedings.
David highlights three notable takeaways from the ruling, including the relatively uncommon posture of an FCRA claim against a credit report reseller, the court’s treatment of the defendant’s “reasonable procedures” argument, and the strategy behind filing a motion to dismiss that–while potentially a long shot–served to put both the court and the plaintiff on early notice of the defenses to come.
David writes:
The facts in Gomez v 700 Credit were not that unusual. Plaintiff’s credit report had errors because it improperly had negative information mixed in from other people. Three things struck me about the opinion. First, it is an FCRA case against a credit report reseller. I don’t come across these too often in my practice. The cases are usually against a credit reporting agency, furnisher, or prospective employer.
Second, defendant argued that it cannot be liable because it was a reasonable procedure to rely on Experian’s reports. Interesting approach and the argument was not rejected. The court held it could not make that ruling at the R 12 stage. It may work on summary judgment
Third, was why the defendant moved to dismiss when the arguments seemed like a stretch at this early stage. For instance, defendant also argued that plaintiff lacked standing because the injuries were self-inflicted; plaintiff kept applying for credit knowing that the credit report had errors. The court denied the motion because of the liberal R 12 standards. It was a hard motion and defendant perhaps knew that. However, the motion did not hurt the defense but it put the court and plaintiff on notice early that there are strong defenses and some bad facts for the plaintiff. This can be an effective strategy.
-
- AccountsRecovery.net ARM Compliance Digest: “Mixed File FCRA Allegations Survive MTD” (April 13, 2026)
Related People
Related Capabilities
Related Locations
Featured Insights

Employment Law Observer
Sep 1, 2026
Illinois Employers: Prepare Now for These Three Employment Law Changes Taking Effect in 2027

In The News
Aug 24, 2026
David Schultz Reviews a Humorous—But Important—FDCPA Procedural Ruling

Press Release
Aug 20, 2026
115 Hinshaw Lawyers Recognized in 2027 Editions of The Best Lawyers in America® and Ones to Watch®

Press Release
Aug 20, 2026
Hinshaw’s Landmark Tower Client Project Receives 2026 Top Projects Award

Press Release
Aug 19, 2026
Fernando Rivera-Maissonet Elected as HNBA Region II Governor and Board of Governors Member

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?




