1681i[c]: Benson v. Trans Union

David A. Szwak

1681i[c]: Benson v. Trans Union

Postby David A. Szwak » Mon Jan 09, 2006 4:25 pm

Benson v. Trans Union, LLC
387 F.Supp.2d 834
Aug 25, 2005

It is undisputed that Trans Union is a "consumer reporting agency" within the meaning of Section 1681a(f), that the credit reports at issue are "credit reports" within the meaning of Section 1681a(d) and that Benson is a "consumer" for purposes of Section 1681a(c). Sections 1681n and 1681o respectively provide private rights of action for willful and negligent noncompliance with any duty imposed by the Act and allow recovery for actual damages and attorney's fees and costs, as well as punitive damages for willful noncompliance (see Casella v. Equifax Credit Info. Services, 56 F.3d 469, 473 (2d Cir.1995)).
Benson claims Trans Union failed to fulfill its duties under the Act (1) by not following reasonable procedures to assure the accuracy of his credit report as required by Section 1681e(b), (2) by failing to conduct an adequate reinvestigation as required by Section 1681i(a) when he disputed his credit report and (3) by failing to include a statement of dispute on his credit *840 report as required by Section 1681i(c). This opinion addresses those claims in turn.

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