David Schultz Analyzes in ARM Compliance Digest: Appeals Court Upholds Reasonableness of Dispute Investigation in FCRA Case
In The News | 1 min read
Jul 20, 2023
In the July 17, 2023 edition of the ARM Compliance Digest, Hinshaw partner David Schultz discussed a Seventh Circuit decision to uphold summary judgment in favor of a furnisher in a Fair Credit Reporting Act (FCRA) case in which the furnisher was accused of providing inaccurate information after conducting an unreasonable investigation of the plaintiff's dispute. The court ruled that "no reasonable jury could find" that the furnisher "provided patently incorrect or materially misleading information."
Schultz writes:
In Frazier v Dovenmuehle, the Seventh Circuit provides another favorable FCRA reasonable investigation ruling. Two prior strong Seventh Circuit rulings are Walton v EOS and Westra v Credit Control. These are important rulings for furnishers defending FCRA cases.
The key part of the Frazier ruling is the standard the court adopted. The court stated that "incompleteness or inaccuracy under § 1681s-2(b) requires a showing that the information the data furnisher provided was (1) patently incorrect, or (2) materially misleading, including by omission. By materially misleading, we mean 'misleading in such a way and to such an extent that it can be expected to adversely affect credit decisions.'" That is a good standard for the industry.
This is the third circuit court ruling in the past year that affirmed summary judgment in favor of the furnisher on a reasonable investigation claim – Bibbs v Trans Union from the 3rd Circuit and Milgram v Chase Bank from the 11th Circuit. The Frazier court acknowledged it was consistent with Bibbs. The court noted Bibbs "involves the accuracy of a credit report under 15 U.S.C. § 1681e(b), [but] given our adoption of the patently incorrect or materially misleading standard from § 1681e(b) caselaw, the analogy is tight."
The tide of TCPA cases turned after the Facebook ruling. It also seems like there is a good trend in FCRA cases. Let's hope so.
Read the full July 17, 2023 edition of the AccountsRecovery.net Compliance Digest.
"Appeals Court Upholds Reasonableness of Dispute Investigation in FCRA Case" was published by ARM Compliance Digest on July 17, 2023
Related People
Related Capabilities
Related Locations
Featured Insights

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 13, 2026
DOJ Settlement with Car Retailer Highlights SCRA Repossession Risks

Privacy, Cyber & AI Decoded Alert
Mar 11, 2026
Compliance Considerations for GDPR Consent in Biotech Clinical Research

Press Release
Mar 4, 2026
Marcia Mueller Named the 2026 Mentorship Award Winner by YWCA Northwestern Illinois

Press Release
Mar 3, 2026
Hinshaw Announces New Administrative Leadership Appointments

In The News
Feb 27, 2026
Hinshaw Partners Examine Implications for Nursing Homes of New Illinois Aid-in-Dying Law

In The News
Feb 24, 2026
Lucy Wang Authors Law360 “Expert Analysis” on Why Attorney Civility Means More in 2026

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

![[Video] New Regulatory Priorities Under Mayor Mamdani’s NYC Department of Consumer and Worker Protection](/a/web/oHiTWa7kRy3Ht1brq6k4BT/bkMx39/new-york-city-skyline.jpg)
