Plaintiffs Need Not Use Expert on FCRA Reasonable Procedures

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Plaintiffs Need Not Use Expert on FCRA Reasonable Procedures

Postby Administrator » Mon Sep 29, 2014 10:55 pm

Wilson v. Carco Group, Inc., 07-7053, Court of Appeals for the DC Circuit; 1/2008 ... randum.pdf

Court found that plaintiff need not use an expert to prove a lack of reasonable procedures to comply with the FCRA.


Although expert testimony is not required in every case, it is “sometimes ... necessary” to satisfy the plaintiff's burden on the reasonableness prong. Id. The plaintiff “cannot rest on a showing of mere inaccuracy” and must “minimally present some evidence from which a trier of fact can infer that the consumer reporting agency failed to follow reasonable procedures.” Stewart, 734 F.2d at 51 (denying summary judgment because there were genuine issues of material fact regarding whether the agency followed reasonable procedures to ensure the accuracy of the report and whether the inaccuracy caused the denial of consumer membership). But in certain circumstances, inaccurate credit reports themselves may be sufficient to demonstrate the unreasonableness of a reporting agency's procedures and the absence of direct evidence may not always be fatal to a plaintiff's claim. Id. at 52.

Wilson v. Prudential Financial
--- F.Supp.2d ----, 2009 WL 806147
March 30, 2009
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