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· 9/27/2012

Frank Boggio v. USAA Federal Savings Bank

Citations

  • 696 F.3d 611
  • 2012 WL 4478797
  • 2012 U.S. App. LEXIS 20239

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that summary judgment for the defendant was unwarranted where the plaintiff offered evidence that the furnisher’s policy “prohibited its employees from performing anything more than a cursory confirmation of his status before reporting back to a CRA”
  • holding that the FCRA “expressly precludes consumers from enforcing” section 623(a)
  • elaborating on agreement between the circuit courts concerning the fact that “investigation” under section 1681s–2(b)(1) denotes “something more than a merely cursory review”
  • “§ 1681s–2(c) expressly precludes consumers from enforcing the requirement that furnishers, under § 1681s–2(a), initially provide complete and accurate consumer information to a CRA.”
  • the FCRA provides a “private right of action against a furnisher [of credit information], but only for failing to comply with … § 1681s-2(b).”
  • “[C]onsumers may step in to enforce their rights only after a furnisher has received proper notice of a dispute from a CRA”

Source: CourtListener parenthetical corpus (CC0).

Judges: Merritt, Moore, McKeague

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.