1681i[c]: Spitzer v. Trans Union

David A. Szwak

1681i[c]: Spitzer v. Trans Union

Postby David A. Szwak » Mon Jan 09, 2006 6:47 pm

Spitzer v. Trans Union LLC
140 F.Supp.2d 562
Aug 02, 2000

Finally, Plaintiffs argue that they "are not contending that [Defendant] violated the FCRA by furnishing inaccurate information respecting [the] two bankruptcies." See Plaintiffs' Response at 3. Rather, Plaintiffs contend that the inaccuracies of which they complain arise from Defendant's "taking the core of the vital explanation of [the bankruptcies] and willfully handicapping our sole relief in their reporting ... bury[ing] our statement at the very end of our report." See Id. at 4.
These admissions doom Plaintiffs' case to failure by establishing the accuracy of Defendant's credit reports, which details a record of late payments and two bankruptcies filed as a result of the same debt. Plaintiffs acknowledge that their true complaint is with the way in which Defendant framed these admittedly accurate entries. Plaintiffs are unhappy with Defendant's decision to report their consumer statement at the end of the credit report, arguing that a "credit reader" would not "bother to take [its] precious time to read beyond the very first two postings." Plaintiffs prefer that the explanations be listed directly underneath the bankruptcy postings.
In so arguing, Plaintiffs ignore their own correctly stated synopsis of the FCRA--that it "does not designate the location of [ ] Consumer Statements." See Id. at 5. Section 1681i of the FCRA outlines the procedure to be followed in cases in which consumers dispute the completeness or accuracy of information contained in their file. If the agency reinvestigates the information but the dispute remains unresolved, "the consumer may file a brief statement setting forth the nature of the dispute." 15 U.S.C. § 1681i(b). Once such a statement is filed, the agency must provide the statement or a summary of it "in any subsequent consumer report containing the information in question," provided, however, that the statement need not be reported if "there is [sic] reasonable grounds to believe that it is frivolous or irrelevant." 15 U.S.C. § 1681i(c). [FN1]

FN1. The issue of whether Defendant's inclusion of the consumer statement was adequately reported, a question raised under § 1681i of the FCRA, is fully discussed in Section III below.

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