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1681i[c]: Mangio v. Equifax

Posted: Mon Jan 09, 2006 7:00 pm
by David A. Szwak
Mangio v. Equifax, Inc.
887 F.Supp. 283
S.D.Fla.,1995.
May 01, 1995

The FCRA requires consumer reporting agencies ("credit agencies") to adopt reasonable procedures for ensuring the accuracy of credit information that they collect and report on individuals. 15 U.S.C. § 1681(b), 1681e. Individuals believing that a credit agency's file contains inaccurate information are entitled to dispute this information with the agency. Id. at § 1681i(a). Once an individual notifies a credit agency of a dispute, the agency is required to reinvestigate that information unless the dispute is frivolous or irrelevant. Id. If the agency learns that the information is inaccurate, the agency "shall promptly delete such information" from the individual's credit record. Id.
If reinvestigation does not resolve the dispute--i.e., the credit agency finds insufficient reason to believe that the information is inaccurate--the individual may file a brief statement of the dispute with the agency. Id. at § 1681i(b). The credit agency then must report the statement and the existence of a dispute whenever it reports the challenged information. Id. at 1681i(c).