In Reyes v. Equifax Information Services, L.L.C., — F.4th —-, 2025 WL 1672234 (5th Cir. June 13, 2025), the Fifth Circuit affirmed summary judgment in favor of Equifax in a case brought under the Fair Credit Reporting Act (FCRA). Mary Reyes alleged that Equifax failed to reasonably reinvestigate a disputed Citibank credit card account she claimed was the result of fraudulent charges. Despite submitting police reports and other documentation, Citibank maintained the charges were valid, citing chip-enabled transaction data. The court held that under § 1681e and § 1681i of the FCRA, a consumer must demonstrate that the disputed information is factually inaccurate—not just legally contested. Because Reyes could not show that the information Equifax reported was “patently incorrect” or “misleading,” her claim failed.

The court further clarified that consumer reporting agencies are not required to investigate the legal validity of a disputed debt. Reyes’s challenge—based on the contention that the debt was fraudulently incurred—constituted an impermissible collateral attack on the underlying debt with Citibank. Following the reasoning of multiple sister circuits, the Fifth Circuit concluded that the FCRA does not obligate agencies like Equifax to resolve legal disputes about the validity of reported debts. The decision emphasizes that unless a consumer can provide objectively verifiable evidence of factual inaccuracy, reporting agencies are not liable under the FCRA for continuing to report contested debts.

No information in this communication is intended to constitute specific legal advice.  For specific legal advice, please contact an attorney, and if you have any such questions or would like more information about this issue, please contact William “Pat” Huttenbach at 713.752.8616, or email at phuttenbach@craincaton.com.

Thanks,

Pat

William “Pat” Huttenbach | Shareholder | Banking Litigation
Crain Caton & James | Attorneys & Counselors
Five Houston Center | 1401 McKinney St., Suite 1700
Houston, TX 77010
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Reyes v Equifax Information Services