· 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 CourtListenerSourced 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.