1681i[c]: Molton v. Experian

David A. Szwak

1681i[c]: Molton v. Experian

Postby David A. Szwak » Mon Jan 09, 2006 4:31 pm

Molton v. Experian Information Solutions, Inc.
Not Reported in F.Supp.2d, 2004 WL 161494
Jan 21, 2004

Molton claims that Experian violated two sections of the FCRA and defamed her. Specifically, she claims Experian violated 15 U.S.C. § 1681i by (1) failing to conduct a reasonable reinvestigation into her claims of inaccurate reporting; (2) failing to provide FNBM with the letter Molton gave Experian from Allied Interstate saying Molton's account had been settled in full; (3) failing to review the Allied Interstate letter and proof of payment provided by Molton; (4) failing to delete inaccurate information from Molton's file after completing its reinvestigation; and (5) failing to note Molton's dispute in her credit file. Compl. ¶ 22. She also claims Experian violated 15 U.S.C. § 1681e(b) by "failing to employ and follow reasonable procedures to assure maximum possible accuracy of [her] credit report, information and file." Id. As a preliminary matter, the Court notes that because Molton admitted that she "never requested that a consumer dispute statement be added to her personal credit report," Def.'s Facts ¶ 31; Pl.'s Resp. to Facts ¶ 31, she cannot claim that Experian violated § 1681i(c) by failing to note Molton's dispute in her credit report. If a consumer is not satisfied with the results of the requested reinvestigation, "the consumer may file a brief statement setting forth the nature of the dispute." 15 U.S.C. § 1681i(b). "Whenever a statement of dispute is filed ... the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer...." 15 U.S.C. § 1681i(c). Because Molton concedes that she never filed a statement of dispute, Experian cannot be held liable for failing to append such a statement to her credit report.

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