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FCRA Suit Dismissed – Consumer Failed to Notify of Dispute

The U.S. Court of Appeals for the Second Circuit recently affirmed an FCRA decision of a Connecticut district court. In Sprague v. Salisbury Bank and Trust Company, the district court dismissed the lawsuit based on FCRA violations when the consumer involved did not notify a credit reporting agency of an alleged error on his credit report. The district court had dismissed the complaint, citing failure to state a claim because the plaintiffs did not allege that they ever notified a consumer reporting agency or that a consumer reporting agency notified the defendant of the dispute. Additionally, the court noted that there is no private right of action under the applicable subsection of the FCRA.

The FCRA has specific notice requirements and steps not only for consumers, but also for consumer reporting agencies. A successful claim must allege that these requirements were met. Hire Image understands the intricacies of the FCRA and can assist with your compliance efforts. Contact us today to learn more.

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