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Frank M. Barrepski, Jr., et al v. Capital One Bank

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Not for Publication in West’s Federal Reporter

Before Torruella, Boudin and Thompson, Circuit Judges.

In this pending appeal, the Massachusetts district court (1) removed the entry of a default that had been entered against appellee Capital One Bank and (2) dismissed the complaint filed by appellants Frank Barrepski and his wife, Carrie. This complaint, in turn, was based on Capital One’s failure to have corrected allegedly inaccurate information contained in Frank Barrepski’s credit report — i.e., that he owed money to Capital One for charges that had been made to his credit card. Appellants claimed that this conduct violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681s-2(b). We find no abuse of discretion in the removal of the default but disagree with the district court’s conclusion that appellants have failed to state a claim for a violation of § 1681s-2(b). For purposes of the following, we assume familiarity with the facts.

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