Bankruptcy: Evans v. CBI

Information that should and should not be reported where there is a bankruptcy.
David A. Szwak

Bankruptcy: Evans v. CBI

Postby David A. Szwak » Mon Oct 24, 2005 6:56 pm

Evans v. Credit Bureau,
904 F.Supp. 123, W.D.N.Y., Nov 16, 1995

Consumer brought action against credit reporting agency, alleging violations of Fair Credit Reporting Act (FCRA) and intentional infliction of emotional distress. On agency's motion for summary judgment, the District Court, Telesca, Chief Judge, held that: (1) FCRA provision imposing responsibility upon credit reporting agency to investigate claims of inaccurate reporting brought to its attention within reasonable time did not impose additional responsibility upon credit reporting agency to correct court records or other source information supplied by creditors; (2) even if agency violated FCRA by inaccurately reporting available information, consumer failed to show how he was damaged; and (3) under New York law, agency's alleged failure to correct inaccuracies in consumer's credit report did not constitute "extreme and outrageous conduct" which could support claim for intentional infliction of emotional distress.
Motion granted.

Even if credit reporting agency violated Fair Credit Reporting Act (FCRA) by inaccurately reporting available information, consumer failed to show how he was damaged; evidence indicated that consumer was denied pre-approval of mortgage loan because he had filed bankruptcy within two years, not because of credit report.

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