FERNANDEZ v. RentGROW, INC.

No. 22-1619.

MARCO A. FERNANDEZ, Plaintiff-Appellee, v. RENTGROW, INC., Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 11, 2024.


Attorney(s) appearing for the Case

ARGUED: Maura K. Monaghan, DEBEVOISE & PLIMPTON LLP, New York, New York, for Appellant.

Matthew W.H. Wessler, GUPTA WESSLER PLLC, Washington, D.C., for Appellee.

ON BRIEF: Kristin D. Kiehn, Emilia N. Brunello, DEBEVOISE & PLIMPTON LLP, New York, New York; Bonnie Keane DelGobbo, Chicago, Illinois, Joel Griswold, BAKER & HOSTETLER, LLP, Orlando, Florida, for Appellant.

Neil K. Sawhney, GUPTA WESSLER PLLC, San Francisco, California; E. Michelle Drake, John G. Albanese, Ariana Kiener, BERGER MONTAGUE PC, Minneapolis, Minnesota; Martin E. Wolf, GORDON, WOLF & CARNEY, CHTD., Towson, Maryland, for Appellee.

Vacated and remanded by published opinion. Judge Rushing wrote the opinion, in which Judge Niemeyer and Judge Quattlebaum joined. Judge Niemeyer wrote a concurring opinion.


When Marco Fernandez applied to rent an apartment, defendant RentGrow, Inc., sent the property owner a tenant screening report about him. The report inaccurately stated that Fernandez had "1 Possible Match in OFAC Name Search." Luckily for Fernandez, the property manager who reviewed his report did not know what "OFAC" was...

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