Bishop

Bishop v. U.S. Bancorp

Good Law
91 F. App'x 583
United States Court of Appeals for the Ninth CircuitMarch 22, 2004No. 03-15132California282 words

Opinion

Lead Opinion

MEMORANDUM **

Ronald L. Bishop, a consumer, appeals the dismissal of his complaint, which al *584 leged that U.S. Bancorp failed to comply with its reinvestigation duties as a furnish-er of credit information under the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 -1681u (2000) (“FCRA”). Bishop contends that his complaint was timely filed within two years from the date on which liability arose, as required by the FCRA. See 15 U.S.C. § 1681p.

After a consumer notifies a consumer reporting agency directly “of a dispute with regard to the completeness or accuracy of any information provided by a person,” the person, i.e., the furnisher of the disputed information, is required to perform four duties, including conducting an investigation into the disputed information. 15 U.S.C. § 1681s-2(b). This process is a “filtering mechanism,” which makes the “disputatious consumer” notify a consumer reporting agency, and gives the furnisher an opportunity to save itself from liability by performing the required duties. Nelson v. Chase Manhattan Mortgage Corp., 282 F.3d 1057, 1060 (9th Cir.2002).

Liability arose here no earlier than October 2000, when Bishop notified the consumer reporting…

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