Objective Standard of Accuracy; Not Technical Accuracy

Maximum Possible Accuracy
David A. Szwak

Objective Standard of Accuracy; Not Technical Accuracy

Postby David A. Szwak » Wed Oct 26, 2005 4:20 pm

OBJECTIVE STANDARD OF ACCURACY:

The standard of accuracy for credit reports embodied in FCRA is objective measure that should be interpreted in even-handed manner toward interests of consumers and creditors in fair and accurate reporting. Cahlin v. GMAC, 936 F.2d 1151 (11th Cir. 1991) [Fla.]; 15 U.S.C. 1681e(b).

Technical accuracy is not the standard, a consumer report must be accurate to the maximum possible extent. In essence, the trier of fact must weigh potential that information will create misleading impression against availability of more accurate information and burden of providing such information. Alexander v. Moore & Associates, Inc., 553 F.Supp. 948 (U.S.D.C. Hawaii 1982); Cisneros v. U.S. Registry, Inc., 46 Cal.Rptr.2d 233, 39 C.A.4th 548 (Ca. App. 2d Dist. 1995).

David A. Szwak

Postby David A. Szwak » Thu Oct 27, 2005 5:54 pm

The standard of accuracy for credit reports embodied in FCRA is objective measure that should be interpreted in even-handed manner toward interests of consumers and creditors in fair and accurate reporting. Cahlin v. GMAC, 936 F.2d 1151 [11th Cir. 1991] [Fla.]. Technical accuracy is not the standard, a consumer report must be accurate to the maximum possible extent. In essence, the trier of fact must weigh potential that information will create a misleading impression against availability of more accurate information and the burden of providing such information. Alexander v. Moore & Associates, Inc., 553 F.Supp. 948 [U.S.D.C. Hawaii 1982]; Cisneros v. U.S. Registry, Inc., 46 Cal.Rptr.2d 233, 39 C.A.4th 548 [Ca. App. 2d Dist. 1995]. The consumer reporting agency’s and furnisher’s duties to conduct reasonable reinvestigations, after accuracy of information is disputed, is not terminated by fact that information is accurate about someone else if that information is presented in such a manner as to create inaccurate impressions as to the credit history of a particular individual. Lowry v. Credit Bureau, Inc. of Georgia, 444 F.Supp. 541 [U.S.D.C. Ga. 1978].


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