Brooklyn, NY asked in Consumer Law and Civil Litigation for New York

Q: Which court in Brooklyn NY should I file a civil lawsuit against the credit bureau under the Fair Credit Reporting Act?

Case Information: The case should be brought under the US Code 1681(b) (I) & (n)

1 Lawyer Answer
Daniel Michael Luisi
Daniel Michael Luisi
  • Licensed in New York

A: The first thing you need to understand before considering a lawsuit against the credit bureaus is the administrative law concept of “exhaustion of remedies.” This essentially means that your case would be dismissed for lack of standing for failure to complete all internal appeals that the credit bureau itself requires before bringing a court action. See Administrative Procedure Act Section 704. The “reasonable reinvestigation” procedures required by 15 U.S.C. § 1681i(a)(1)(A) are complicated, and the details are further elaborated in the Code of Federal Regulations. Consider having an experienced FCRA attorney review your matter before engaging in the potentially enormous waste of time and resources which a premature FCRA lawsuit would entail.

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