Must Prove You Mailed Dispute to CRA[s]

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Must Prove You Mailed Dispute to CRA[s]

Postby Administrator » Tue Sep 30, 2014 12:42 am

Must Prove You Mailed Dispute to CRA[s]

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Capital One Bank v. Branch
Slip Copy, 2005 WL 3008928
Ohio App. 10 Dist.,2005.

With regard to § 1681s-2(b), appellee contended that, although this section provides a private right of action, such exists only if it willfully or negligently fails to follow re-investigation procedures upon receipt of a notice of dispute under § 1681i(a)(2). Here, appellee pointed out that appellant failed to present any suitable evidence that she filed a proper notice of dispute with a consumer reporting agency. Additionally, appellee presented an affidavit from its representative averring that, after a thorough search, it could locate no record of a dispute either received from appellant or any other entity regarding appellant's account.
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