1681i[a][5]: Cousin v. Trans Union

David A. Szwak

1681i[a][5]: Cousin v. Trans Union

Postby David A. Szwak » Sat Nov 19, 2005 6:53 am

Cousin v. Trans Union Corp.,
246 F.3d 359, 5th Cir.(Miss.), Mar 21, 2001

In his response brief, Cousin mentions a § 1681i claim. Under that section, a consumer reporting agency after reinvestigation must promptly delete from a consumer's file inaccurate, incomplete, or unverifiable information that a consumer disputes. 15 U.S.C. § 1681i(a)(5)(A). Although Cousin's complaint and the pre-trial order averred general claims of negligent and willful violations of the FCRA, neither specifically stated § 1681i nor did the jury instructions present a claim for violating § 1681i. Because the record does not establish that a § 1681i claim was ever presented to the jury, we focus solely on the claims seeking redress for noncompliance with § 1681e(b).

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