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Chiang v. MBNA

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Before Torruella, Lipez and Howard, Circuit Judges.

The Fair Credit Reporting Act imposes certain obligations on entities that furnish credit information to consumer credit reporting agencies (CRAs). See 15 U.S.C. § 1681s-2. One such obligation is to investigate any disputes over the completeness or accuracy of the information furnished and then notify the CRA of any corrections — but only if the CRA, acting as a gatekeeper, has previously notified the furnisher of the consumer’s dispute. Id. § 1681s-2(b)(1). By contrast, “[a] notice of disputed information provided directly by the consumer to a furnisher does not trigger a furnisher’s duties under § 1681s-2(b).” Chiang v. Verizon New England, Inc., 595 F.3d 26, 35 n.8 (1st Cir. 2010).

The appeal before us centers on this distinction. Plaintiff Wen Chiang brought suit against FIA Card Services, N.A. (formerly known as MBNA America Bank, N.A.), after it allegedly reported delinquent payments on his credit card.*fn1 Chiang disputes the alleged delinquency report and claims that FIA, as a furnisher of credit information, violated § 1681s-2(b)(1) by failing to follow up on that dispute with a further investigation. The district court granted summary judgment to FIA after finding no evidence that a CRA, rather than just Chiang himself, had ever contacted FIA concerning Chiang’s objections. Chiang v. MBNA, 634 F. Supp. 2d 164 (D. Mass. 2009). Discerning exactly the same fatal hole in Chiang’s case as the district court found, we affirm.*fn2

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