Does the Report "Refer or Relate" to Person?

Who has the right to bring FCRA and related claims for credit reporting abuses? What if the plaintiff dies? Can a spouse join in the suit for damages?
David A. Szwak

Does the Report "Refer or Relate" to Person?

Postby David A. Szwak » Tue Nov 29, 2005 2:57 pm

In Wiggins v. Equifax, 848 F.Supp. 213 [U.S.D.C. D.C. 1993], the court held the wife lacked standing to sue because the allegations were that defendant had falsely reported criminal records data about plaintiff. The court noted [1] the couple was not married at the time of the alleged injury; [2] the credit and background of the wife were not included in the reports containing errors; [3] the report did not “refer or relate” to her. Here, the wife’s claim was merely derivative in nature.

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