Can a consumer bring an action for damages for violation of Section 1681s-2(b) of the Consumer Information Protection Act?

MultiRegion, United States of America

The following excerpt is from Peasley v. Verizon Wireless (Vaw) LLC, 364 F.Supp.2d 1198 (S.D. Cal. 2005):

sole function of the courts at least where the disposition required by the text is not absurd is to enforce it according to its terms." Lamie v. U.S. Trustee, 540 U.S. 526, 534, 124 S.Ct. 1023, 157 L.Ed.2d 1024 (2004) (internal quotation marks omitted). Here, the language of 1681s-2(c) and (d) is clear a consumer can bring an action for damages for violation of 1681s-2(b) but not for violation of 1681s-2(a). Pursuant to the plain language of the statute, a violation of 1681s-2(b) only occurs where the furnisher of information has been contacted by a credit reporting agency. The court must enforce 1681s-2 according to its terms. Any other course of action would render 1681s-2(b), (c) and (d) meaningless.

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