FCRA UPDATE: NO RIGHT TO OFFSET UNDER FCRA

The trial court acknowledged Synchrony’s claims shared facts in common; however, because the plaintiff’s claims were made under federal law, the FCRA, and the FCRA does not “expressly or impliedly provide[] a right to indemnity,” the court denied Synchrony’s motion for leave to file the third party complaint. Accordingly, “[f]rom a policy standpoint, therefore, it is difficult to conjure up support for a rule which would allow a furnisher to bring an indemnification action.”

4TH CIRCUIT REINFORCES FCRA RULE – NO PRIVATE CAUSE OF ACTION AGAINST FURNISHERS FOR REPORTING FALSE INFORMATION UNDER FCRA

CREDIT REPORT DISPUTE LAWYER - Under the Fair Credit Reporting Act (FCRA), there is no private cause of action under 15 U.S.C. § 1681s-2(a). In other words, consumers cannot successfully sue furnishers for reporting false information under the FCRA.