Disclosure of Any Report RELIED UPON:Galbraith

David A. Szwak

Disclosure of Any Report RELIED UPON:Galbraith

Postby David A. Szwak » Fri Dec 02, 2005 9:25 pm

Galbraith v. Ameritrust of Cleveland,
120 F.3d 270 [Table],
1997 Westlaw 459814
[10th Cir. 8/13/97] [Colo.]

Plaintiff applied for a loan which was denied due to a bad debt on his TRW report. Lender claimed it resubmitted and re-accessed second report from a different bureau and was approved. Plaintiff left the country in 5/95, returned in 8/95 to find the same error-ridden reports. Plaintiff picked up the first adverse action letter which had an old TRW address as the source of the derogatory report causing the denial. In 9/95, plaintiff sued various parties claiming they reported bad debt and sued lenders under various theories. He claimed denial of the loan impugned his credit “which caused his fiancee’s family to withhold approval of his proposed marriage , required him to live in unpleasant conditions in Singapore,...” He claimed that TRW’s old address, listed on the denial letter violated 1681m. The court said 1681m only requires the lender to identify the producer of any credit report actually relied upon in denying credit. The court said defendants substantially complied with 1681m. In an interesting twist, plaintiff claimed violations of state products liability laws. The court held that a credit report is not a “product.” The court adopted L.Cohen & Co. V. Dun & Bradstreet, 629 F.Supp. 1425, 1430-31 [D.Conn. 1986], holding written materials were not “products,” this no strict liability. The court also held that plaintiff failed to show that defendants “manufactured” credit reports for sale. [Seems wrong.]

David A. Szwak

Postby David A. Szwak » Fri Dec 02, 2005 9:34 pm

Court held that defendant did not violate FCRA by failing to provide consumer with name and address of credit bureau making report used to "confirm" an earlier credit denial. The court said the FCRA only requires defendants to identify the producer of any credit report actually relied on in denying credit. Galbraith v. Ameritrust of Cleveland, 1999 Westlaw 459814, at p. 3 (10th Cir. 1997).


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