Bankruptcy: Spitzer v. Trans Union

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

Bankruptcy: Spitzer v. Trans Union

Postby David A. Szwak » Tue Oct 25, 2005 5:23 pm

Spitzer v. Trans Union LLC,
140 F.Supp.2d 562, E.D.N.C., Aug 02, 2000

Consumers brought action against consumer credit reporting agency under the Fair Credit Reporting Act (FCRA) alleging that it had included incorrect information on consumers' credit report. Reporting agency moved for summary judgment. The District Court, Boyle, Chief Judge, held that: (1) reporting agency did not violate Fair Credit Reporting Act (FCRA) by posting explanatory consumer statement at end of credit report; (2) reporting agency failed to follow reasonable procedures to assure maximum possible accuracy as required by the FCRA; and (3) FCRA preempted and barred consumers' claims against reporting agency for violation of North Carolina's Unfair and Deceptive Trade Practices Act.
Motion granted.

Consumer credit reporting agency did not violate Fair Credit Reporting Act (FCRA) by posting explanatory consumer statement at end of credit report instead of directly underneath the bankruptcy postings; consumers' statement was included in their report and FCRA did not specify location of consumer statements in the credit report.

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