FCRA Limits Consumer Recourse - UHLC

FCRA Limits Consumer Recourse Against furnishers of information By Jennifer Mitchell In Stafford v. Under section 1681s-2(b), the court concluded that if the Cross Country Bank, Consumer can prove the credit information furnisher violated Kentucky's Western the FCRA negligently or willfully, the Consumer may bring an District Court held the action under state common law for defamation, slander or Fair Credit Reporting invasion of However, this provision is not all- Act ( FCRA ) Limits inclusive. Subsection (b) relates only to the requirements that private causes of a furnisher of information investigate, after receiving notice of action, but does not a dispute pursuant to section 1681i(a)(2), the accuracy of preempt all state law information provided to a Consumer reporting agency.

Journal of Texas Consumer Law 107 against furnishers of information.” 21 The rationale behind these decisions is Congressional intent. In other words, section 1681t(b)(1)(F)’s preemption of …

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