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Furnisher Reinvestigation

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In Edeh v. Midland Credit Management, Inc. (D. Minn. 2010) , Judge Schiltz found that a debt collector does not violate the FDCPA by reporting an account to the Credit Reporting Agencies after a debtor demands validation without first validating the debt, explaining The Court rejects Edeh’s argument that a debt collector who, before verifying a disputed debt to a consumer,… Read More

In Chaing v. Verizon New England, Inc. – F.3d --, 2010 WL 431873 (1st Cir. 2010), the Court of Appeals for the First Circuit affirmed summary judgment in favor of Verizon based on its reinvestigation under FCRA, explaining:     This leaves the question of the extent of a furnisher's investigation obligation under § 1681s-2(b). The statute does not define… Read More

The Court of Appeals for the Ninth Circuit re-issued its Gorman decision, following re-hearing petitions filed by industry, with mere commentary in footnotes.  With these amendments, the panel unanimously has voted to deny Appellant’s petition for rehearing en banc and Appellee’s petition for panel rehearing and petition for rehearing en banc.  The full court has been advised of the petitions… Read More

On July 1, and effective July 1, 2010, July 1, 2009 Inter-agency FACTA Rule 974 Fed. Reg. 31484 (2009) was issued defining the obligations imposed on furnishers of credit reporting information.   The history behind the July 1, 2009 Inter-Agency Rule is as follows. FACTA and Implementing Regulations   On December 4, 2003, Congress passed the Fair and Accurate Transactions Act, which amended the… Read More

In Drew v. Equifax, 2009 WL 595459 (N.D.Cal. 2009), Judge Illston held that a furnisher was on notice of a consumer dispute when the CRA merely sent a letter to the furnisher notifying the furnisher that it had deleted the customer’s trade-line because the account was fraudulent.   Judge Illston explained:   Chase contends that it is entitled to summary judgment… Read More

In Zimmerman v. Bank of America, , 2009 WL 418606 (N.D.Miss 2009), Judge Mills ruled on what constitutes a “reasonable investigation” by a furnisher after it receives a consumer dispute verification from a credit reporting agency which gives notification of such dispute by the consumer.  Judge Mills found the question of “reasonableness” best left to Mississippi juries.    The Fifth… Read More

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