Roberts v. Carter-Young, Inc.
To ensure fair and accurate credit reporting, the Fair Credit Reporting Act requires consumer reporting agencies (CRAs) and entities that furnish information to CRAs (furnishers)—often, but not always, creditors—to follow various requirements when they compile and disseminate personal information about individuals. One of those requirements is that furnishers must reasonably investigate consumers’ disputes regarding the completeness or accuracy of the information furnished.
The Bureau and the Federal Trade Commission filed an amicus brief arguing that the duty to investigate applies not only to factual disputes, but also disputes that can be labeled as legal in nature. The brief explains that, among other things, a contrary approach is not supported by the statute, risks exposing consumers to more inaccurate credit reporting, and undercuts the remedial purpose of the FCRA. It also explains that the statute does not authorize furnishers to forgo investigating any dispute simply because there may be colorable arguments on both sides. The brief also argues that, to conduct a reasonable investigation, a furnisher may need to look beyond the information already within the furnisher’s possession.