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FTC/CFPB Amicus Brief Targets Experian's FCRA Dispute Duties

ExperianSeptember 14, 2022Federal Trade Commission

Summary

The FTC and CFPB filed an amicus brief with the Third Circuit Court of Appeals to overturn a lower court ruling that exempted furnishers from investigating indirect disputes under the FCRA. The brief argues that all disputes must be investigated to ensure consumers can correct inaccurate credit information and be notified of outcomes, upholding key FCRA protections.

Contract Impact

In-house legal teams should review vendor agreements where the company acts as a furnisher of data to credit reporting agencies (like Experian) and customer-facing agreements related to credit reporting services. Key clauses to examine include data accuracy warranties, dispute investigation procedures, compliance with the Fair Credit Reporting Act (FCRA), and obligations to notify consumers of dispute outcomes. Given this enforcement focus, contracts may need amendments to explicitly require investigation of both direct and indirect disputes, establish clear timelines for responses, and ensure robust record-keeping to demonstrate FCRA adherence. Additionally, audit rights and indemnification provisions should be assessed to allocate risk for potential FCRA violations arising from inaccurate data furnishing.

Contract Search Terms

dispute investigation requirementindirect disputefurnisher obligationscredit reporting accuracyconsumer dispute rightsFCRA compliancedata accuracy provisionsdispute resolution clausecredit information furnishingnotification of outcomes

Laws Cited

Fair Credit Reporting Act

Violation Types

Entity Details

Entity

Experian

Industry

Data Broker

Official Sources

Source Evidence

Entity Name
"Ingram v. Experian"
Laws Cited
"Fair Credit Reporting Act (FCRA)"
Violation Types
"consumers are entitled to be notified about the outcome of their disputes"

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