1681i[a][5]: FTC v. Gill

David A. Szwak

1681i[a][5]: FTC v. Gill

Postby David A. Szwak » Sat Nov 19, 2005 6:47 am

F.T.C. v. Gill,
265 F.3d 944, 2001-2 Trade Cases P 73,412, 01 Cal. Daily Op. Serv. 8048, 2001 Daily Journal D.A.R. 9911, 9th Cir.(Cal.), Sep 12, 2001

The FCRA sets forth a procedure for disputing the completeness or accuracy of an item and obtaining a reinvestigation. When a consumer notifies a CRA of a disputed item, that agency has 30 days to "reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period [.]" 15 U.S.C. § 1681i(a)(1)(A). [FN3] Upon the creditor's certification that the questioned information is accurate, the CRA can reinsert the information in the consumer's file. 15 U.S.C. § 1681i(a)(5)(A). Although the FCRA does not mandate reinsertion, the CRA's duty to "follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates[ ]" effectively compels this result.

Return to “Reinsertion of Previously Deleted Data: How and When Can It Happen?”

Who is online

Users browsing this forum: No registered users and 2 guests