Plaintiffs Need Not Use Expert on FCRA Reasonable Procedures

Administrator
Site Admin
Posts: 11757
Joined: Tue Jul 26, 2005 4:15 am

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

http://www.consumerlaw.org/unreported/c ... 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
D.D.C.,2009.
March 30, 2009
David A. Szwak
Bodenheimer, Jones & Szwak, LLC
416 Travis Street, Suite 1404, Mid South Tower
Shreveport, Louisiana 71101
318-424-1400 / Fax 221-6555
President, Bossier Little League
Chairman, Consumer Protection Section, Louisiana State Bar Association

Return to “Evidentiary Issues in FCRA Cases”

Who is online

Users browsing this forum: No registered users and 4 guests