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Banks & Banking – FCRA – Duty to Investigate – CRA Notice – Insufficient Allegations
By: Teresa Bruno, Opinions Editor//January 23, 2017
Banks & Banking – FCRA – Duty to Investigate – CRA Notice – Insufficient Allegations
By: Teresa Bruno, Opinions Editor//January 23, 2017
Perkins v. South Carolina Community Bank (Lawyers Weekly No. 002-027-17, 7 pp.) (Terry Wooten, C.J.) 3:14-cv-03245; D.S.C.
Holding: The complaint does not allege that the defendant-bank received notice of a credit report dispute from a credit reporting agency (CRA). Without such a report from a CRA, the bank had no duty to investigate the alleged mistake in plaintiff’s credit report, so the complaint does not state a claim for a violation of 15 U.S.C. § 1681s-2(b) of the Fair Credit Reporting Act.
Plaintiff’s FCRA claim is dismissed. Plaintiff’s state-law claims are dismissed without prejudice.
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