• CRA Fails to Carry Summary Judgment Burden to Show Consumer Discovered FCRA Violation Outside of Limitations Period
  • May 17, 2010
  • Law Firm: Strasburger & Price, LLP - Frisco Office
  • Plaintiff filed suit against the three national consumer reporting agencies (“CRAs”), alleging that they violated the FCRA by mixing her information with another individual with the same name and by disseminating that information to third parties.  Defendant Equifax moved for summary judgment on any claims arising prior to May 23, 2006, on the basis that such claims were barred by the applicable statute of limitations. The Court denied the motion, holding that Equifax failed to carry its burden of showing that Plaintiff discovered a violation of the FCRA before May 23, 2006.

    • Limitations. Under § 1681p, any claim for violation of the FCRA must be brought not later than the earlier of: (1) two years after the date of discovery by the plaintiff of the violation that is the basis for liability; or (2) five years after the date on which the violation that is the basis for liability occurs.
    • Limitations. Plaintiff’s receipt of allegedly inaccurate credit reports from Equifax following its investigations of Plaintiff’s disputes in 2004 and 2005 was not sufficient to find that Plaintiff “discovered” a violation of the FCRA more than two years prior to her filing suit.
    • Limitations. The denial of credit by a third party was not sufficient to show that Plaintiff discovered a violation of the FCRA more than two years prior to Plaintiff filing suit.