Bad Credit Reporting Damages the Consumer

Get information and post information on credit report errors not involving theft of identity.
David A. Szwak

Bad Credit Reporting Damages the Consumer

Postby David A. Szwak » Fri Sep 30, 2005 8:37 pm

Improper credit reportings serve no purpose but to substantially damage the target of the report, the debtor, who after publication can do little to correct the damage caused by the report. Bartels v. Retail Credit Co., 175 N.W.2d 292 [Neb. 1970].

David A. Szwak

Postby David A. Szwak » Tue Oct 11, 2005 5:29 am

False Credit Reporting Serves No Purpose But to Harm

An erroneous or careless report serves no purpose but to substantially damage the target of the report, who after publication can do little to correct the damage caused by the report. Bartels v. Retail Credit Co., 175 N.W.2d 292 (Neb. 1970); McKenzie v. E.A. Uffman & Associates d/b/a Collection Department, Credit Bureau of Baton Rouge, cause no. 95-1793-A, United States District Court, Middle District of Louisiana [unpublished, July 30, 1996], [court noted that collection activity is an implication that "a failure to pay one's bills will affect his ability to obtain credit in the future. citing Wright v. Credit Bureau of Georgia, 555 F.Supp. 1005 (U.S.D.C. N.D. Ga. 1983)].

The Court in Bryant v. TRW, Inc., 689 F.2d 72, 79 (6th Cir. 1982), cited a statement by Representative Sullivan, a sponsor of the FCRA, during debate on the House floor:
"...[W]ith the trend toward computerization of billions and the establishment of all sorts of computerized data banks, the individual is in great danger of having his life and character reduced to impersonal "blips" and key punch holes in a stolid and unthinking machine which can literally ruin his reputation without cause, make him unemployable or uninsurable, as well as deny him the opportunity to obtain a mortgage to buy a home. (emphasis by the Court)."

A cause of action for damage to one's credit rating is a tort-based claim. See, for ex., Rusher v. Winningham Nissan Volvo, 550 So.2d 784 (La. App. 2 Cir. 1989); Patterson v. Livingston Bank, 509 So.2d 6 (La. App. 1 Cir. 1987).


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