District Judge J. Paul Oetken
Corelogic SafeRent LLC. (SafeRent) aids leasing agents in conducting background screenings for prospective tenants. Its “multistate database” includes information from the New York Dept. of Corr. and Cmty. Supervision (NYDOC), which generally updates its own database quarterly, and at times only every six months. Plaintiff Wilson’s lease application was rejected due to a SafeRent report indicating he was convicted of robbery in 1995. That conviction was vacated in 2009 on habeas review. In addition to denying Wilson class certification, district court denied SafeRent partial summary judgment on his claim that the subject report violated §1681e(b) of the Fair Credit Reporting Act (FCRA). In addition to concluding that factual issues existed as to the reasonableness of SafeRent’s procedures, the court rejected SafeRent’s claim that its reliance on records received from NYDOC was per se reasonable for §1681e(b) purposes. Rather, “reasonableness” under FCRA requires “context-specific” balancing. A fact finder should decide it SafeRent failed to employ reasonable procedures to ensure maximum possible accuracy when it reported inaccurate criminal history information about Wilson without consulting any court records.