Pub 17 2022-2023 Issue 4

On Sept. 13, 2022, the Consumer Financial Protection Bureau (CFPB) filed an amicus brief regarding a district court case decided between a consumer plaintiff and a credit reporting agency defendant. For those with a limited legal background, an amicus brief is simply a brief submitted to a court by a person or organization, not a party to a case but with interest in the action that is essentially trying to convince or have the court consider deciding a matter a particular way in order preserve their interest. Back to the case, in a nutshell, the case was about a consumer who discovered an error on their credit report that stated the consumer had a delinquent account with a service provider. The consumer claims the account was never his and was fraudulently opened, so the consumer filed a dispute with the service provider. In response to the dispute, the service provider requested additional documentation, including an affidavit and a police report, which the consumer never provided before or after the request by the service provider. As a result of the consumer’s failure to respond to the request, the service provider concluded that the account was not fraudulently opened and then referred the delinquent account to a collection agency. CFPB to Furnishers: Know Your Role! Prince Girn, JD, Associate General Counsel, Compliance Alliance 26

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