CUNA amicus brief: FCRA applies to factual inaccuracies, not legal issues

CUNA and other organizations filed a brief in the 2nd Circuit Court of Appeals Thursday in a case involving the Fair Credit Reporting Act (FCRA), Sessa v. TransUnion. The lawsuit involves whether the FCRA addresses only factual accuracy in credit reports, or also requires determinations of legal validity.

The plaintiff in Sessa alleges TransUnion failed to maintain reasonable procedures to ensure the accuracy of her credit report.

The U.S. District Court for the Southern District of New York ruled in favor of TransUnion, stating the FCRA requires credit reporting agencies to guard against factual inaccuracies, not to resolve legal disputes.

CUNA and the organizations agree with this decision, noting it accords with the FCRA’s text, purpose, structure, and history.


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