1681i[c]: Cushman v. Trans Union

David A. Szwak

1681i[c]: Cushman v. Trans Union

Postby David A. Szwak » Mon Jan 09, 2006 6:51 pm

Cushman v. Trans Union Corp.
115 F.3d 220
C.A.3 (Pa.),1997.
Jun 09, 1997

As an initial matter, we reject the suggestion made by TUC that no cause of action lies pursuant to § 1681i(a) on the ground that § 1681i(b) and (c) provide the exclusive remedy when a consumer disputes information that has been placed on her credit report. Those subsections provide that in the event a dispute under subsection (a) is not resolved, "the consumer may file a brief statement setting forth the nature of the dispute," 15 U.S.C. § 1681i(b), and the statement or a summary must be included in the consumer's credit report. See 15 U.S.C. § 1681i(c).
Subsections (b) and (c) have not been read as providing the exclusive remedy for a consumer in Cushman's position. See Henson v. CSC Credit Servs., 29 F.3d 280, 286 (7th Cir.1994); Cahlin v. General Motors Acceptance Corp., 936 F.2d 1151, 1160 (11th Cir.1991); Pinner v.Schmidt, 805 F.2d 1258, 1261- 62 (5th Cir.1986); see also Guimond, 45 F.3d at 1335 (dictum); cf. Thompson v. San Antonio Retail Merchants Assoc., 682 F.2d 509, 514-15 (5th Cir.1982) (consumer need not pursue remedies under § 1681i before suing under § 1681e). The obligations prescribed by subsections (b) and (c) are triggered only after "the reinvestigation [pursuant to subsection (a) ] does not resolve the dispute." 15 U.S.C. § 1681i(b). This presupposes that a reasonable reinvestigation has already been completed and the dispute nonetheless remains unresolved. See Guimond, 45 F.3d at 1335. A consumer alleging that no reasonable reinvestigation has taken *224 place has a separate claim pursuant to § 1681i(a).

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