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BIRMINGHAM v. EXPERIAN INFORMATION SOLUTIONS, INC.

No. 09-4146.

633 F.3d 1006 (2011)

Ray BIRMINGHAM, Plaintiff-Appellant, v. EXPERIAN INFORMATION SOLUTIONS, INC.; Verizon Communications; Vodafone Group, PLC., a joint venture, d/b/a Verizon Wireless; Cellular Inc. Network; Utah RSA 6; Verizon Power Partners; Wasatch Utah RSA No. 2, d/b/a Verizon Wireless; Verizon Wireless Utah, operating under the name and style of Verizon Wireless; Verizon Wireless (VAW), Defendants-Appellees, TransUnion, Defendant.

United States Court of Appeals, Tenth Circuit.

February 7, 2011.

Attorney(s) appearing for the Case

Ronald W. Ady , Salt Lake City, UT, for Plaintiff-Appellant.

Meir Feder , ( Dawn Elizabeth McFadden , with him on the briefs), Jones Day , Cleveland, OH, for Defendant-Appellee, Experian Information Solutions, Inc.

Steve K. Gordon , Durham, Jones & Pinegar, Salt Lake City, UT, for Defendants-Appellees Verizon Communications, Inc.; Vodafone Group, Plc; Cellular Inc. Network Corporation; Utah RSA 6, Limited Partnership; Verizon Power Partners, Inc., Wasatch Utah RSA No. 6, Limited Partnership; Verizon Wireless Utah, L.L.C.; and Verizon Wireless (VAW), L.L.C.

Before LUCERO, HARTZ, and HOLMES, Circuit Judges.

HARTZ, Circuit Judge.

Raymond Birmingham was the victim of identity theft. Verizon Wireless closed two fraudulent accounts opened in his name, but he disputed charges to his legitimate accounts and closed those as well. Verizon then reported his failure to pay the charges to the three major credit-reporting agencies—Experian Information Solutions, Inc. (Experian); Equifax; and TransUnion. Birmingham disputed these reports and was dissatisfied with the agencies...

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