Fifth Circuit affirms lower court’s decision holding that a credit reporting agency did not violate the FCRA by not investigating the legal validity of disputed debts

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On June 13, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision granting summary judgment in favor of the defendant, a credit reporting agency, and dismissing all claims brought by the individual plaintiff under the FCRA. The plaintiff alleged that the defendant violated the FCRA by continuing to report a delinquent credit card account in her consumer file after she disputed the underlying charges as fraudulent. The plaintiff contacted the bank to dispute the charges, but the bank maintained they were valid, prompting the plaintiff to request reconsideration in writing and file a complaint with the CFPB.

The plaintiff alleged the defendant negligently and willfully violated 15 U.S.C. § 1681e by failing to follow reasonable procedures in reporting information, as well as § 1681i by failing to conduct a reasonable investigation. On appeal, the plaintiff argued that the district court erred in concluding the bank account information reported by the credit reporting agency was accurate. The Fifth Circuit joined other circuits in holding that consumer reporting agencies are not required to investigate or adjudicate the legal validity of disputed debts under the FCRA.

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