A CRA Sharing A Credit File With Counsel Is OK

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Chris Green
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A CRA Sharing A Credit File With Counsel Is OK

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MOSTOFI v. EXPERIAN INFORMATION SOLUTIONS, INC., Dist. Court, D. Maryland 2014

http://scholar.google.com/scholar_case? ... s_sdt=6,48

Plaintiff alleges that Defendant violated 15 U.S.C. § 1681b — which specifies the permissible reasons a CRA may furnish a consumer report — by sharing his credit file with other offices of Experian and with Experian's counsel.
. . .

The Norman case is strikingly similar to the instant case and instructive. Plaintiff sued Experian for violating the FCRA by providing plaintiff's credit file to its counsel in the course of the law firm defending Experian as part of a related FCRA case filed by Plaintiff. Plaintiff alleged that obtaining the credit report for these purposes was not permissible under the FCRA. After noting that "numerous courts have concluded that . . . a `consumer report' means a report disclosed to a third party," 2013 WL 655058, at *2, the court found that Experian's attorneys act as its agents and, consequently, are not the "third parties" contemplated by the FCRA. "Under [plaintiff's] reading of the FCRA, a credit reporting agency sued over inaccurate information in a credit report would not be allowed to provide the disputed credit report to its own attorneys without violating the FCRA. The Court has found no support for [plaintiff's] interpretation of the FCRA." Id. at *3.

. . .
Consequently, because an attorney representing a CRA in defense of litigation concerning the contents of a credit report is not a "third party," a CRA sharing the consumer's credit file with that counsel does not turn the file into a "consumer report" within 15 U.S.C. § 1681b, and Plaintiff does not have a viable claim.
Christopher Green
Attorney at Law
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Seattle WA 98101

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