Tuesday, July 17, 2007

consumer - Fair Credit Reporting Act - refusal to investigate disputed debt

Klotz v. Trans Union, LLC - ED Pa. - July 2, 2007

http://www.paed.uscourts.gov/documents/opinions/07D0792P.pdf

In the course of rejecting the plaintiff's motion to certify a class, the court held that the defendant credit reporting agency (CRA) did not have a duty to investigate plaintiff's dispute about his credit report , since

- plaintiff's documents were prepared by a third party credit repair organization (CRO)
- plaintiff did not notify the CRA directly of his dispute, as required by 15 USC 1681i(a)(1)(A)
- plaintiff did not prepare or read the dispute, just signed it and sent it in
- plaintiff did not prove the inaccuracy of the CRA's information, as required by 15 USC 1681i

The court relied on the decision in Cushman v. Trans Union Corp. 115 F.3d 220 (3d Cir. 1997)

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