When Did the 1681m Violation Occur: Jones

David A. Szwak

When Did the 1681m Violation Occur: Jones

Postby David A. Szwak » Fri Dec 02, 2005 9:27 pm

Jones v. One Valley Bank,
998 F.2d 1009, 1993 Westlaw 264571
[4th Cir.[W.Va.]] July 14, 1993.

Jones appealed from the court's order dismissing their complaint against One Valley Bank [Bank] in which they allege the Bank violated the FCRA by failing to disclose the origin of a consumer credit report which the Bank had relied upon in deciding to deny their application for a mortgage. 1681m[a]. 1681p of the FCRA provides that an action under that statute must be brought within two years "from the date on which the liability arises." The Joneses argue that the date on which the Bank's liability arose was August 4, 1989-the date they discovered the identity of the credit reporting agency. However, the violation of 1681m occurred when the Bank failed to identify the credit reporting agency, not when the identity was discovered. Any reliance upon the tolling provision provided in 1681p is misplaced because the Bank did not misrepresent the identity of the credit reporting agency but instead completely failed to identify that agency. Therefore, the court properly determined that the date on which the Bank's liability arose was June 23, 1989, and that the complaint was filed more than two years beyond that

Return to “Adverse Action Notice Rules: 15 U.S.C. 1681m and ECOA”

Who is online

Users browsing this forum: No registered users and 2 guests