1681i[c]: Crane v. Trans Union

David A. Szwak

1681i[c]: Crane v. Trans Union

Postby David A. Szwak » Mon Jan 09, 2006 4:36 pm

Crane v. Trans Union, LLC
282 F.Supp.2d 311
Sep 16, 2003

Crane also alleges that TU failed to comply with section 1681i(c) by refusing to include in his file his statement concerning the dispute with Hann. To establish a CRA's liability under section 1681i(c), a plaintiff must show that "she disputed an item in her file and that any reinvestigation conducted by [the CRA] did not resolve the dispute." Guimond v. Trans Union Credit Info. Co., 45 F.3d 1329, 1335 (9th Cir.1995); see also Cushman, 115 F.3d at 223 (recognizing that a CRA need not include a consumer statement in a credit file unless "a reasonable reinvestigation has already been completed and the dispute nonetheless remains unresolved").
[9] In this case, TU concedes that it completed reinvestigation of Crane's March 16, 2001 dispute in five days. Six days later, Crane requested that TU include his statement regarding the dispute in his file, but TU refused to comply with that request. Section 1681i(c) permits a CRA not to include such a statement only when it has "reasonable grounds to believe that it is frivolous or irrelevant." Still, the reasonableness of TU's belief is a genuine issue of material fact that precludes an entry of summary judgment for TU on the section 1681i claim.

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