Nelson v. Experian Information Solutions, Inc.
The Fair Credit Reporting Act provides that if a consumer contacts a consumer reporting agency (CRA) to dispute the “completeness or accuracy of any item of information contained in [the] consumer’s file,” then the CRA shall “conduct a reasonable reinvestigation” of the disputed information. The CFPB and Federal Trade Commission filed an amicus brief arguing that this provision applies to consumer disputes concerning personal identifying information contained in the consumer’s file, such as names, addresses, and Social Security numbers.
The brief also argues that Experian’s contrary interpretation was not based on the text of the FCRA, prior case law, or guidance from the CFPB or the FTC. Experian therefore should not be allowed to escape liability for failing to investigate the consumer’s disputes here.