1681e[b]: Smith v. BBB

Maximum Possible Accuracy
David A. Szwak

1681e[b]: Smith v. BBB

Postby David A. Szwak » Tue Nov 01, 2005 9:46 pm

Smith v. Better Business Bureau of Metropolitan Washington
858 F.2d 774
1988 Westlaw 100852
[D.C.Cir.], 273 U.S.App.D.C. 179
Sept. 29, 1988.

Smith appeals from the following court granting appellees Credit Bureau Inc. ["CBI"] and the Better Business Bureau ["BBB"] summary judgment and dismissing Smith's complaint. The appellate court affirmed. Smith first claims that CBI violated the by issuing an incomplete credit report to Marina View. Because of that report, Smith's tenancy application was denied. Smith contends that the report was incomplete because made reference to delinquent debts that remained in dispute. The FCRA requires "that agencies adopt reasonable procedures to ensure the complete and precise reporting." Koropoulous v. Credit Bureau, Inc., 734 F.2d 37, 45 [D.C.Cir.1984].

In this case, Smith fails to show that CBI's procedures were unreasonable. Smith did not furnish CBI with an elaboration of the disputes prior to its issuance of the credit report, as required under 1681i. Nor are there any facts in the record to suggest that CBI should have been aware of any such disputes. As a result, there is no actionable FCRA claim against CBI for having reported the delinquent debts. Stewart v. Credit Bureau, Inc., 734 F.2d 47, 55 [D.C.Cir.1984].

Smith next contends that, by using the credit information supplied by CBI, Marina View did not comply with the FCRA. Under the Act, however, a consumer credit report user need only disclose the name and address of the reporting agency when denying credit. 1682m[a]; Wood v. Holiday Inns, Inc., 508 F.2d 167, 172 [5th Cir.1975]; Morrisey v. TRW Credit Data, 434 F.Supp. 1107 [U.S.D.C. N.Y.1977]. Here, Marina View informed Smith that it had denied his tenancy application because of information contained in the CBI report. By disclosing the name and address of the reporting agency to Smith, Marina View fully satisfied its FCRA obligations.

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