Contrast of 1681e[b] to 1681i[a]

Maximum Possible Accuracy
David A. Szwak

Contrast of 1681e[b] to 1681i[a]

Postby David A. Szwak » Wed Oct 26, 2005 5:14 pm

15 U.S.C. 1681e(b) AS OPPOSED TO 1681i:

In Grenier v. Equifax, 892 F.Supp. 57 [U.S.D.C. Conn. 1995], plaintiff sued a credit bureau because of an inaccurate report and a failure to reinvestigate, as well as revealing plaintiff’s consumer report without a permissible purpose. The court granted defendant’s motion for summary judgment in part and denied it in part. The court found the bureau had a permissible purpose to disclose the report to the creditor because plaintiff had an account with the creditor. The court found the plaintiff had no 1681e[b] claim in relation to the reinvestigation and dispute resolution actions of defendant. The court found genuine issues of material fact precluded judgment as to whether defendant reinvestigated plaintiff’s disputes within a reasonable period of time. The court held that plaintiff could not bootstrap a 1681e maximum accuracy standard into a 1681i action. However, determination of a “reasonable period of time” to reinvestigate is a jury issue and that period may be longer or shorter depending upon the circumstances of the dispute.

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