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Complete and Up to Date Requirement of FCRA Does Not Include Accuracy Requirementv


The Eastern District Court of Pennsylvania has released a memorandum opinion in Kelly v. Business Information Group that includes:

“We do not lightly dismiss a claim where a consumer’s employment prospects were limited by Defendant’s communication of erroneous negative information bearing upon his credit. While § 1681k(a) seeks to address injuries in that setting, however, it does not provide a cause of action for all errors in that context. Rather, § 1681k(a) reflects Congress’s concern that public record information was being gathered, allowed to go stale, and then reported in that “incomplete and out of date” state. We cannot interpret § 1681k(a) independent of its plain meaning, particularly where another provision is capable of providing a remedy for the similar harm that may be caused by the reporting of inaccurate information. We thus reject Plaintiff’s proposed interpretation of § 1681k(a)(2), as we have determined that this section requires that the consumer have been the subject of a report that was not “complete and up to date” and that “completeness” refers not to accuracy nor to inclusion of identifying information as to the consumer but rather the current public record status of the item that is attributed to the consumer.” – Eastern District Court of Pennsylvania | Kelly v. Business Information Group

Please read more by clicking here. "District Court Finds That “Complete and Up to Date” Requirement of FCRA § 1681K Does Not Include an Accuracy Component David N. Anthony, Alan D. Wingfield, David M. Gettings, Timothy “Tim” J. St. George | Troutman Sanders

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