1681i[c]: Williams v. Colonial Bank

David A. Szwak

1681i[c]: Williams v. Colonial Bank

Postby David A. Szwak » Mon Jan 09, 2006 7:04 pm

Williams v. Colonial Bank
826 F.Supp. 415
M.D.Ala.,1993.
Apr 28, 1993

Furthermore, it is apparent that, with this lawsuit, Williams is really attempting to attack collaterally the information which underlies the credit report. A credit reporting agency has no duty, as a part of its reinvestigation, to go behind public records to check for accuracy or completeness when a consumer is essentially collaterally attacking the underlying credit information. For cases such as this, Congress provided a unique remedy for consumers who dispute how a particular credit item is characterized or interpreted on their credit report. Section 1681i(c) of the FCRA allows consumers to submit a statement setting forth their version of the dispute to be enclosed in their credit report. In this way, potential creditors can receive both sides of the story and reach an independent determination of how to treat a specific, disputed account. See Cahlin v. General Motors Acceptance Corp., 936 F.2d at 1160 n. 23.

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