Question

Eric and Sharaveen Rush filed a claim alleging violations of the Fair Credit Reporting Act arising out of an allegedly erroneous credit report prepared by a credit bureau from information, in part, from Macy’s, the department store. The error causes the Rushes to be denied credit. Macy’s filed a motion to dismiss. Is Macy’s liable? Discuss.

(Answer in your own words!)

Answer 1

Answer:

Macy is liable. The Federal Trade Commission states that both the credit rating agency and Macy's are responsible for correcting the erroneous credit report. It is very hard to sue and win a credit rating agency because they will place the blame on the company that made the initial mistake (Macy's), but lately courts have accepted cases against the companies that cause all this mess.

Courts have lately ruled in favor people alleging that a bad credit report damaged them since a good credit rating is considered an intangible asset. The company that cause the mistakes are liable for any possible damages resulting from a poor credit rating.

Answer 2

Yes, Macy is liable under the Fair Credit Reporting Act, which says the credit bureau and reporting agencies must record accuracy.

Fair Credit Reporting Act

The FCRA protects the information collected by consumer reporting agencies. Under this act, Companies and agencies also have specific legal obligations to investigate disputed information, And recently in the Act some more provisions were added which is related to record accuracy and identity theft.

Thus, under the FCRA, the credit bureau and Macy's department store are liable.

Learn More about Fair Credit Reporting Act here:

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