1681e[b]: Burden of Proof: Anderson v. TU

Maximum Possible Accuracy
David A. Szwak

1681e[b]: Burden of Proof: Anderson v. TU

Postby David A. Szwak » Tue Dec 13, 2005 6:17 pm

Anderson v. Trans Union
--- F.Supp.2d ----, 2005 WL 3358689

The parties agree that plaintiff is a "consumer" as defined by 15 U.S.C. § 1681a(c) and that defendant is a "consumer reporting agency" as defined by 15 U.S.C. § 1681a(f). Therefore, the provisions of the Fair Credit Reporting Act govern defendant's obligations toward plaintiff. Section 1681e(b) imposes a duty upon consumer reporting agencies to "follow reasonable procedures" to assure the maximum possible accuracy of the information contained in an individual's credit report. To prove that defendant violated this provision, plaintiff must establish that: (1) defendant's consumer credit report contained inaccurate information; (2) the inaccurate information resulted from defendant's failure to follow reasonable procedures; (3) plaintiff suffered damages; and (4) the damages were caused by the inaccurate information. Perry v. Experian Information Solutions, Inc., 2005 WL 2861078 at *4 (N.D.Ill. Oct. 28, 2005) (citing Philbin v. Trans Union Corp., 101 F.3d 957, 963 (3d Cir.1996)). Although defendant denies that the information contained in plaintiff's credit report was "inaccurate," it has updated plaintiff's credit report as requested. This suggests that the disputed information was inaccurate before the updates were made. At issue now is whether the procedures used to process plaintiff's disputes were reasonable as a matter of law and whether the inaccurate information injured plaintiff in any way.

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