Rivera v. JPMorgan Chase Bank, N.A.
The Fair Credit Reporting Act (FCRA) requires a furnisher of information
to credit reporting agencies to investigate when a consumer files a dispute
with a credit reporting agency about the completeness or accuracy of
information the furnisher provided. The FCRA also gives consumers the right to
sue furnishers who violate this requirement.
This case implicates the time within which consumers may seek redress
for furnishers’ violation of their duty to investigate. The Bureau, joined by
the FTC, filed an amicus brief arguing that an FCRA lawsuit alleging violation
of a furnisher’s duty to investigate is timely if it is filed within the
earlier of two years of the date the consumer discovered the furnisher’s
failure to investigate and 5 years of the date of the violation. The brief argued that the date the consumer
originally discovered incomplete or inaccurate information on his consumer
report does not trigger the statute of limitations on a furnisher’s failure to
investigate.