Mixed File/Bankruptcy: Lowry v. CBI

Father-Son, Mother-Daughter, Junior-Senior-Trey [Generational Designators], Common Names, Variations on Social Security Numbers and Other Mixed File Issues
David A. Szwak

Mixed File/Bankruptcy: Lowry v. CBI

Postby David A. Szwak » Mon Oct 24, 2005 5:51 pm

THE HOLDING IN THIS CASE IS SIMPLY WRONG. IT WAS ONE OF THE EARLIER CASES ADDRESSING MIXED FILES. SINCE CBI IS A GEORGIA BASED COMPANY, THIS HOLDING IS PERHAPS LESS SURPRISING.
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Lowry v. Credit Bureau, Inc. of Georgia
444 F.Supp. 541
D.C.Ga. 1978.

Confusion of computer credit reports so as to attribute to plaintiff credit history of person with similar name who had previously been adjudicated bankrupt did not provide basis for federal claim under Fair Credit Reporting Act provision requiring consumer reporting agency, when preparing consumer report, to follow reasonable procedures to insure maximum possible accuracy of information concerning individual about whom report relates.

David A. Szwak

Postby David A. Szwak » Mon Oct 24, 2005 5:53 pm

One of the only correct things the Lowry court said was:

Automatic addition of plaintiff's social security number to credit file of person with similar name who had been adjudicated bankrupt might constitute violation of Fair Credit Reporting Act obligation to provide maximum possible accuracy in preparation of credit report


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