News & Analysis as of

Fair Credit Reporting Act (FCRA) Duty to Investigate

Rosenberg Martin Greenberg LLP

Third Circuit Holds That Furnisher Who Receives Notice of an Indirect Dispute Has Absolute Duty to Investigate Under FCRA

News accounts of instances of stolen identity in which identity thieves incur debts in the names of innocent consumers are common. Given the structure of the consumer credit industry, it is difficult for consumers to know...more

Orrick, Herrington & Sutcliffe LLP

District Court: Failure to investigate duplicate reporting dispute could violate the FCRA

On March 10, the U.S. District Court for the Southern District of Illinois ruled a defendant credit union failed to properly report an individual’s debt to a consumer reporting agency or investigate his dispute. ...more

Womble Bond Dickinson

Fifth Circuit Affirms Dismissal FCRA Claims Based on Failure to Include a Single Credit Item on Credit Reports

Womble Bond Dickinson on

In Hammer v. Equifax, the Fifth Circuit affirmed the district court’s dismissal of FCRA claims against Experian and Equifax in a September 9, 2020 published decision. Accepting the allegations of the twice amended...more

Bradley Arant Boult Cummings LLP

Debt Buyers Should Exhaust All Avenues When Investigating Credit Report Disputes

Last week, the 11th Circuit issued an opinion reversing and remanding a prior decision from the United States District Court for the Southern District of Georgia related to the proper verification of debts when a consumer...more

Goodwin

CFPB Issues Guidance Bulletin on Furnisher’s Duty to Investigate

Goodwin on

The CFPB issued a guidance bulletin setting forth its expectations for how companies that supply information for credit reports, commonly referred to as furnishers, should comply with the requirements of the Fair Credit...more

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