Descrição do livro
THIS CASEBOOK contains a selection of of U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Fair Credit Reporting Act. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Sixth Circuit Court of Appeals.
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Concerned by "abuses in the credit reporting industry," Congress enacted the FCRA to ensure fair and accurate credit reporting that protects consumers while meeting the needs of commerce. To that end, the Act imposes several obligations on CRAs [credit reporting agencies] and authorizes consumers to bring a private cause of action in response to negligent or willful violations. Where possible, courts construe these obligations consistently with the Act's ambitious objective ... which uses expansive terms to describe the adverse effects of unfair and inaccurate credit reporting and the responsibilities of consumer reporting agencies.
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Section 1681e(b) provides: "Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates." This provision does not hold a CRA strictly liable for all inaccuracies. Rather, the adequacy of a CRA's procedures is judged according to what a reasonably prudent person would do under the circumstances.
Hammer v. Equifax Information Services, LLC, 974 F. 3d 564 (5th Cir. 2020)
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