Proving the proximate and legal cause of your damages may be more tricky than you think.
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In FCRA suit, under theory that denial of application for credit card arose from defendant consumer credit reporting agency's transmittal of obsolete negative information, there were issues of fact precluding summary judgment for agency even though the credit file which indicated access by the credit card issuer did not contain the obsolete reference, where agency sent plaintiff three (3) credit files in response to his request, one of which did contain the obsolete information, credit card issuer indicated that its rejection was based on agency's information, and good credit rating shown in report which agency claimed it sent to issuer would have afforded no reasonable basis for denial of the credit application. Lendino v. Trans Union Credit Information Co., 970 F.2d 1110 (2d Cir. 1992) [N.Y.].
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