James Michael Bailey, et al. v. Firstbank

Consumers discovered negative information on their credit reports.  Believing that the information was false, the consumers filed a Fair Credit Reporting Act claim against the bank that furnished the information.  See 15 U.S.C. §§ 1681n, 1681o.  On the bank’s motion, the court summarily dismissed the action because the consumers were unable to prove an essential element of a Fair Credit Reporting Act claim.  The court also denied the bank’s request for an award of attorney’s fees.  Both sides appealed.  Based on the undisputed facts, we conclude that the bank was entitled to a judgment as a matter of law on the Fair Credit Reporting Act claim.  We also conclude that the bank did not prove that it was entitled to an award of attorney’s fees.  So we affirm.