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Claim Against Furnisher Fails Unless dispute made

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Flax v. Navient Solutions, Inc., 2017 WL 1153889 (March 28, 2017 D. MD.) Judge Marvin J. Garbis Plaintiff checked his credit report and learned that his father had taken out three separate loans from Navient Solutions, Inc. In his name, without knowledge or consent of the Plaintiff by forging his signature. Included in the Plaintiffs Complaint was a Count for violation of the Fair Credit Reporting Act, Section 1681s-2(b). Under this section, those who furnish information to the credit reporting agencies have a responsibility to investigate the accuracy of reported information upon notice of a dispute. The Court cites the 4th Circuit opinion in Johnson v. MBNA Am. Bank, NA, 357 F.3d 426, 431 (4th Cir. 2004), which held that 1681s-2(b)(1) requires creditors, after receiving notice of a consumer dispute from a credit reporting agency, to conduct a reasonable investigation of their records to determine whether the disputed information can…Read More