1681i[c]: Mirocha v. TRW

David A. Szwak

1681i[c]: Mirocha v. TRW

Postby David A. Szwak » Mon Jan 09, 2006 7:06 pm

Mirocha v. TRW, Inc.
805 F.Supp. 663
S.D.Ind.,1992.
Oct 02, 1992

The Defendants' motion for summary judgment on Count V of the Complaint must be granted, however. That count states: "The Defendants willfully and/or negligently failed to provide subsequent users of the report with Plaintiffs' statement of dispute or a summary thereof, in violation of § 1681i(c) of the Act, all to the damage of Plaintiffs." Complaint, at ¶ 57. Section 1681i(c) provides:
Notification of consumer dispute in subsequent consumer reports
(c) Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer's statement or a clear and accurate codification or summary thereof. (emphasis added). 15 U.S.C.A. §§ 1681i(a) & (c) (1982).
The consumer reporting agency's duty to include the consumer's statement of dispute in the report only arises when a statement of dispute is filed. Plaintiffs' have conceded that they never filed such a statement with Trans Union or TRW, or requested that a statement be included in their credit report. See TRW Deposition Phyllis (2) at 161-64. Given this admission, Count V must be dismissed with prejudice as to all Defendants.

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