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

David A. Szwak

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

Postby David A. Szwak » Sat Nov 19, 2005 6:55 am

Zala v. Trans Union, LLC,
Not Reported in F.Supp.2d, 2001 WL 210693, N.D.Tex., Jan 17, 2001

To establish a right of relief under § 1681i(a), Zala must demonstrate the following elements: (1) he disputed the completeness or accuracy of an item of information contained in his consumer file at Trans Union and notified Trans Union directly of that dispute; (2) Trans Union did not reinvestigate free of charge and either record the current status of the disputed information or delete the item from the file in the manner prescribed by § 1681i(a)(5) within the statutory period; (3) Trans Union's noncompliance was negligent; (4) Zala suffered injury; and (5) Zala's injury was caused by Trans Union's failure to reinvestigate and record of the current status the disputed information or delete the item from the file. See 15 U.S.C. § 1681i(a)(1)(A); Philbin, 101 F.3d at 963 (addressing elements of § 1681e(b) claim).

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