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April 10, 2012

New case law about marking a debt as disputed

From the recent case of Shap v. Capital One:

"The Court finds that a furnisher's "technically accurate" report of a delinquent debt may be misleading and negatively effect a consumer's credit report if the furnisher fails to mark the debt as disputed.

The Court qualifies this finding, however, as did the court in Gorman; the dispute submitted by the consumer to the furnisher must be bona fide to create furnisher liability under § 1681s-2(b). This holding is consistent with the holdings of those courts within this Circuit that have addressed the issue and is consistent with the purpose of the FCRA "to protect consumers from the transmission of inaccurate information about them, and to establish credit reporting practices that utilize accurate, relevant, and current information in a confidential and responsible manner."

SHAP v. Capital One Fin. Corp.

Dist. Court, ED Pennsylvania, 2012
... CYNTHIA RUFE, District Judge.

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