The Fair Credit Reporting Act (FCRA) contains several provisions designed to protect consumers from inaccurate or incomplete credit reporting. One way the statute accomplishes this goal is through Section 1681s-2, which requires that entities that furnish information about consumers’ debts to consumer reporting agencies (CRAs) conduct a reasonable investigation when a consumer challenges the accuracy of the information being furnished. If the information is incorrect, a furnisher must take action to correct or delete it.
But what about when the information a consumer claims is inaccurate cannot be objectively verified as inaccurate? The U.S. Court of Appeals for the Eleventh Circuit, in Holden v. Holiday Inn Club Vacations, 98 F.4th 1359, recently took on that question in connection with a disputed debt. The court held that allegedly inaccurate information that was not “objectively and readily verifiable” could not be the basis for an actionable FCRA claim.