Pre-FACTA: Consumer Statement/Victim Statement

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David A. Szwak

Pre-FACTA: Consumer Statement/Victim Statement

Postby David A. Szwak » Wed Oct 26, 2005 8:14 pm

CONSUMER'S STATEMENT / VICTIM'S STATEMENTS:

Failure by credit bureau to add consumer statement, as mandated by FCRA, was a clear violation of FCRA and jury must be directed to find liability. Silvey v. Credit Bureau of Greater Kansas City, Inc., 816 S.W.2d 23 (Mo. App. 1991).

Consumer reporting agency is not required to advise consumer that consumer may place a consumer statement/victim statement on his credit file and that statement, if placed, must appear on all subsequent reports. 15 U.S.C. 1681i(b,d); Roseman v.Retail Credit Co., Inc., 428 F.Supp. 643 (U.S.D.C. Pa. 1977); Middlebrooks v. Retail Credit Co., 416 F.Supp. 1013 (U.S.D.C. Ga. 1976); 15 U.S.C. 1681i(b,d).

Under FCRA, consumer reporting agencies had no duty to include consumers' statement of dispute in consumer report, as consumers neither filed such statement with agencies nor requested that statement be included in their credit report. Mirocha v. TRW, Inc., 805 F.Supp. 663 (U.S.D.C. S.D. Ind. 1992).

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