In the context of the Fair Credit Reporting Act, a consumer has no private right to action to sue a creditor for reporting inaccurate information to a credit reporting agency (CRA). A consumer does have a right to sue if the creditor fails to conduct a reasonable investigation and the inaccuracy is not corrected as a result, pursuant to 15 U.S.C. § 1681i(a)(2).
Does that imply a consumer can do the following?
- Dispute inaccuracy with CRA. CRA investigates
- Sue creditor for a violation of 15 U.S.C. § 1681s-2(b)(1)(A) and lose
- Dispute inaccuracy with CRA a second time, providing enough additional information to yield a reinvestigation. CRA re-investigates
- Sue creditor for a violation of 15 U.S.C. § 1681s-2(b)(1)(A) and win