Willful Refusal to Correct Credit Reporting Errors

David A. Szwak

Willful Refusal to Correct Credit Reporting Errors

Postby David A. Szwak » Fri Oct 07, 2005 3:17 pm

Courts, in cases similar to this one, found the credit issuer's conduct in persistently refusing to adjust or correct cardholder's statement and status within statutory time limit, continuing to report negatively despite being repeatedly informed and repeatedly permitting inaccurate credit reports to issue from its agents, the credit bureaus, was willful conduct and constituted callous indifference to cardholder's credit rating and financial difficulty likely to be suffered by cardholder. Young v. Bank of America Nat. Trust & Savings Assn., 190 Cal.Rptr. 122, 141 C.A.3d 108 (1983); Smith v. First Nat. Bank of Atlanta, 837 F.2d 1575 (11th Cir. 1988), cert. denied, 109 S.Ct. 64, 488 U.S. 821, 102 L.Ed.2d 41.

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