David Schultz Analyzes in ARM Compliance Digest: Judge Grants MTD in FCRA Case Over Dispute Investigation
In The News | 1 min read
Oct 5, 2020
In the October 5, 2020 edition of the ARM Compliance Digest, Hinshaw partner David Schultz reviewed a recent federal district court decision in Illinois granted a defendant’s motion to dismiss after it was sued for allegedly violating the Fair Credit Reporting Act by not investigating and removing inaccurate information from the plaintiff’s credit report:
Soyinka v Equifax is one of numerous recent filings against the big three credit reporting agencies that address whether a dispute is “factual” and requires an investigation or if it is “legal” and thus is not something the bureaus reasonably can investigate. The trend in these cases is to reject the consumer’s claims that the bureaus violated the FCRA. Soyinka joins the trend in dismissing the claims.
Soyinka claimed that a debt buyer supposedly did not own her debt, which it had reported to the bureaus. This seems to be common claim in these recent cases. The debt remained on her report despite the dispute. She then sued, claiming Equifax undertook and unreasonable investigation into the tradeline in violation of §§ 1681e(b) and 1681i(a). Section 1681e(b) directs agencies to follow reasonable procedures to assure maximum possible accuracy in the reports. § 1681i(a) requires the agency to conduct a reasonable reinvestigation.
The judge in Soyinka stated that to avoid dismissal of such a claim, the consumer must identify a straightforward dispute that the reporting agency failed to resolve or investigate. In dismissing the case, the court relied on Court of Appeal precedents that hold the terms “accuracy” and “inaccurate” in those provisions refer only to factual errors, not to legal defenses to the debt. Plaintiff’s claim that the debt buyer did not own the debt asserted a legal defense to the debt and the bureaus could not be expected to conduct such an analysis.
Hopefully Soyinka will help put an end to this recent trend of FCRA cases.
Read the October 5, 2020 edition of AccountsRecovery.net Compliance Digest.
Related People
Related Capabilities
Featured Insights

In The News
Aug 24, 2026
David Schultz Reviews a Humorous—But Important—FDCPA Procedural Ruling

Press Release
Aug 20, 2026
115 Hinshaw Lawyers Recognized in 2027 Editions of The Best Lawyers in America® and Ones to Watch®

Press Release
Aug 20, 2026
Hinshaw’s Landmark Tower Client Project Receives 2026 Top Projects Award

Press Release
Aug 19, 2026
Fernando Rivera-Maissonet Elected as HNBA Region II Governor and Board of Governors Member

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?

Press Release
Aug 12, 2026
William Cook Honored With the Distinguished Service Award by the Chicago Bar Association

Webinar
Aug 12, 2026
John Ryan Presents on "Understanding what is Covered Under the TCPA Today"

In The News
Aug 12, 2026
Scott Seaman Analyzes California’s New Pleading Standards for Excess Insurance Policy Claims



