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New Private Right of Action: 1681c[f]:Swanson

Posted: Sun Nov 06, 2005 8:52 pm
by David A. Szwak
1681c[f] is Triggered and Provides a Private Right of Action Against the CRA Only Where the Furnisher Reports an Account as Disputed But the CRA Fails to Notate the Account as Such.

Swanson v. Central Bank & Trust Co.
Slip Copy, 2005 WL 1324887

II. 15 U.S.C. § 1681c(f)--Duty to Indicate Dispute
FCRA § 1681c(f) provides as follows:
If a consumer reporting agency is notified pursuant to section 1681s-2(a)(3) of this title that information regarding a consumer [which] was furnished to the agency is disputed by the consumer, the agency shall indicate that fact in each consumer report that includes the disputed information.
FCRA 1681s-2(a)(3), "[r]esponsibilities of furnishers of information to consumer reporting agencies," provides, in subsection (a)(3), as follows:
If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer.
The plain language of these sections clearly provides that a consumer reporting agency's duty under § 1681c(f) is triggered only if a furnisher provides notice of dispute. There is no evidence that the defendants, Trans Union and Equifax, received such notice. Accordingly, Defendants are entitled to summary judgment on Plaintiffs' § 1681c(f) claim.