Francis v. Dun & Bradstreet, Inc

In Francis v. Dun & Bradstreet, Inc. (1992) 3 Cal.App.4th 535, the plaintiff objected to statements appearing on his credit report concerning two companies for which he had formerly served as president. He had signed a petition for bankruptcy on behalf of Company One in 1982. Plaintiff had resigned from Company Two in August 1985, and in November 1985 the acting president signed a petition for bankruptcy. Plaintiff had asked defendant, the credit reporting agency Dun & Bradstreet, to omit reference to the two bankruptcies, contending that the credit report taken as a whole implied that he was responsible for the bankruptcies. The credit report had allegedly caused him to lose many opportunities for financing of his new business. The court held that "a credit report, even one that causes harm, is not defamatory if it is true. . . . Plaintiffs' brief goes on at length about 'innuendo,' 'implication,' and 'reading the report as a whole,' but all of this discussion is irrelevant. There can be no defamation without a false statement of fact, and plaintiffs admit all the statements are true." ( Id. at p. 540.)