Lea Johnson v. Freedom Mortgage Corp.

Circuit 8Feb 2, 2026

Split Score

SplitScore: 53/100

Case Summary

Disposition

Affirmed

Borrowers Lea and Samantha Johnson alleged that Freedom Mortgage violated the Fair Credit Reporting Act (FCRA) by reporting their mortgage payment as late and conducting only a cursory investigation after they disputed the report. The Eighth Circuit held that the late-payment information was accurate, Freedom Mortgage’s investigation was reasonable given the limited dispute notice it received, and therefore affirmed summary judgment for Freedom Mortgage.

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Circuit Split Identified

Legal Issue

Whether § 1681s-2(b) of the FCRA imposes a heightened ‘materially misleading’ accuracy standard on furnishers (requiring them to avoid technically accurate yet misleading credit information) or only a ‘technical accuracy’ standard.

Circuit Positions

Circuit 4Circuit 9

Heightened accuracy standard—information is inaccurate if it is materially misleading even when technically correct.

Circuit 8(this circuit)

Undecided / has not adopted heightened standard; applies or assumes technical-accuracy rule unless and until a different standard is chosen.

Conflict Summary

The Fourth and Ninth Circuits treat a credit report as ‘inaccurate’ if technically correct information is presented in a way that could mislead a reasonable creditor, while the Eighth Circuit has expressly declined to adopt that heightened test and remains undecided, implicitly applying only the technical-accuracy approach until it chooses otherwise.

Parties & Counsel

Parties

Appellant:Lea E. Johnson; Samantha J. Johnson
Appellee:Freedom Mortgage Corporation