11th Circuit - How To Prove Negligent Reporting

hannah · 12-17-2006, 07:01 AM

Excellent information on how one recovers on a negligent reporting claim under § 1681e(b) in the 11th Circuit. The plaintiff wasn't the sharpest crayon in the box, but it's well worth reading as it tells you what you have to have as the standard to prove negligent reporting under FCRA § 1681e(b).

hannah · 12-17-2006, 05:06 PM

These are the two items you need to look at...

Quote:

n2 To recover on a negligent reporting claim under § 1681e(b), a consumer must show: (1) a credit reporting agency published an inaccurate report to a third party; (2) the agency publishing the report failed to follow reasonable procedures to ensure the maximum possible accuracy of its reports; (3) the agency's failure to failure to follow reasonable procedures caused actual damages to the consumer. Enwonwu v Trans Union, LLC, 164 Fed. Appx. 914 (11th Cir. 2006) (unpub); Cassara v DAC Servs, Inc., 276 F.3d 1210 (10th Cir. 2002). [*3]

n3 To establish a claim for failure to reinvestigate under § 1681i(a), a consumer must prove: (1) his credit report contains inaccurate or incomplete information; (2) he directly notified the credit reporting agency of the alleged inaccuracy; (3) his dispute is not frivolous or irrelevant; (4) the credit reporting agency failed to respond or conduct reasonable reinvestigation of the disputed items; (5) the agency's failure to reinvestigate caused the consumer to suffer actual damages; (6) if no out-of- pocket losses, then the consumer must show intangible damages such as humiliation, mental distress, etc.. Thomas v Trans Union LLC, 197 F. Supp. 2d 1233 (D. Or. 2002).

direred · 12-17-2006, 05:22 PM

Thanks, Hannah!

Red_RiverGuy · 04-12-2007, 11:42 AM

Thanks for the post

lostnjax · 04-12-2007, 05:54 PM

Quote:

Originally Posted by hannah

These are the two items you need to look at..
n3 To establish a claim for failure to reinvestigate under § 1681i(a), a consumer must prove: (1) his credit report contains inaccurate or incomplete information; (2) he directly notified the credit reporting agency of the alleged inaccuracy;(3) his dispute is not frivolous or irrelevant;

Thanks Hannah,
But who determines what is irrelavent or frivilous....So can the CRA call your dispute one of the two at any point in the dispute process?

Is there a standard or maybe a legal definition as to what frivilous and/or irrelavent is?

In my opinion EVERYTHING should be relavent and NOTHING should be determined frivilous.

Aftermath · 06-14-2007, 05:03 PM

Quote:

Originally Posted by lostnjax

Is there a standard or maybe a legal definition as to what frivilous and/or irrelavent is?.

Hi,
I'm also in Florida, and trying to learn some FL law while I await hard copies.

Hope this helps. Bar Journal Article I think it defines FL frivolous.

And thanks for the info, Hannah!

Nowhere to go but up,
Aftermath

rubyruby27 · 06-14-2007, 07:25 PM

Thanks Hannah, It appears I need to apply for credit, however I obtain a parttime job and they pulled a credit report which I strike out, I also wrote I am not giving you permission to access my credit reports. I am thinking of suing them for doing so.

hannah · 06-14-2007, 07:51 PM

Quote:

Originally Posted by rubyruby27

Thanks Hannah, It appears I need to apply for credit, however I obtain a parttime job and they pulled a credit report which I strike out, I also wrote I am not giving you permission to access my credit reports. I am thinking of suing them for doing so.

Ruby, if you applied for a job and did NOT give permission in writing for your prospective employer to pull your credit report, there is no PP. None. And it is actionable against both the prospective employer and the CRA who provided the report. I just read a case like that the other day. Will look for it.

Enigma · 06-14-2007, 10:51 PM

Quote:

Originally Posted by rubyruby27

Thanks Hannah, It appears I need to apply for credit, however I obtain a parttime job and they pulled a credit report which I strike out, I also wrote I am not giving you permission to access my credit reports. I am thinking of suing them for doing so.

The PP disclosure cannot be incorporated into the application it self. It must be a separate written disclosure. The FACTA has several sections on the requirements.

Enigma · 06-14-2007, 10:59 PM

Expanding on what Hannah has provided, I have recently learned during the discovery process that one of the big three CRA's requires their investigative drones to handle at minimum 60 disputes per hour.

All disputes are coded using an ACDV from, reduced to two - two letter codes, NM (not mine) and NL (never late). Then forwarded to the DF via e-oscar.

I have also learned, be as specific and as detailed as possible. If it takes five pages of 9 point Ariel font to say what you need to say, then do it.

Also include your full info, ie name, address, SSN and a copy of your DL.

Further note that you have, or will be consulting with counsel.

In order to preserve your rights you MUST dispute with he CRA's first and then the DF if you so choose.

rubyruby27 · 06-15-2007, 11:56 PM

It seems every employer has a seperate section or a section that incorporates, secuity, police, etc clearence with a credit pull. I always line through and initial the part about credit reports. My occupation has nothing to do with money and how I do my job has nothing to do with money.

I don't care if you have money or not and I prefer not to know, everyone gets treated the same.

No one needs to know this info, so far up to this date they have never pulled one, but I saw this one did after I struck through that section and I always write in BOLD PRINT-YOU DO NOT HAVE PERMISSION TO PULL A CREDIT REPORT.

I just think its a principal that I said no and I wouldn't have accepted this position if they insisted on a credit check. I have worked with this company before and they suck, but it fit my needs to help my sister and I knew it was really a temp job for me.

Having a brain fart---What's a DF

hannah · 06-16-2007, 12:05 AM

Quote:

Originally Posted by rubyruby27

It seems every employer has a seperate section or a section that incorporates, secuity, police, etc clearence with a credit pull. I always line through and initial the part about credit reports. My occupation has nothing to do with money and how I do my job has nothing to do with money.

I don't care if you have money or not and I prefer not to know, everyone gets treated the same.

No one needs to know this info, so far up to this date they have never pulled one, but I saw this one did after I struck through that section and I always write in BOLD PRINT-YOU DO NOT HAVE PERMISSION TO PULL A CREDIT REPORT.

I just think its a principal that I said no and I wouldn't have accepted this position if they insisted on a credit check. I have worked with this company before and they suck, but it fit my needs to help my sister and I knew it was really a temp job for me.

Having a brain fart---What's a DF

Data Furnisher. And I think you have a case if you want to pursue it.

rubyruby27 · 06-16-2007, 01:11 AM

Thanks, I just might. I was shocked they did, as no ever has before.

I need to clarify something, the company uses another company to pull police, and hrs clearences. They are still responsible or just the company that pulled the CR.

rubyruby27 · 06-16-2007, 01:19 AM

Engima,

Thanks for the info, I am working on my last pull for 3 companys, I will be very specific in my request for what is wrong.

If in the past all you did was on line disputes (specific or not) or not mine without being specific does that hurt your case

hannah · 06-16-2007, 08:55 AM

Quote:

Originally Posted by rubyruby27

Thanks, I just might. I was shocked they did, as no ever has before.

I need to clarify something, the company uses another company to pull police, and hrs clearences. They are still responsible or just the company that pulled the CR.

Which company pulled the report? It probably doesn't matter which one if the one company told the other company to do it.