FCRA Damages Are Broader Than Just Credit Denials

David A. Szwak

FCRA Damages Are Broader Than Just Credit Denials

Postby David A. Szwak » Wed Oct 26, 2005 6:39 pm

In Cushman v. Trans Union Corp., 1996 Westlaw 153218 (U.S.D.C. E.D. Pa. 1996), a victim of theft of identity/credit application fraud, sued Trans Union Corporation after Trans Union failed to correct the victim's consumer reports after notification. Trans Union filed a Motion For Summary Judgment. The District Court denied the Motion For Summary Judgment finding a genuine issue of material fact as to whether Trans Union had willfully failed to reinvestigate disputed data.

The Cushman Court also held that the FCRA does not restrict the damages a plaintiff can recover to those based on a denial of credit. Id. at p.3. The court found that plaintiff put forth "evidence that she incurred stress-induced medical maladies as a result of the negative credit report." Id. at p.3.

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