In Marcinski v. RBS Citizens, plaintiff alleged that defendant violated the FCRA by credit reporting two accounts as delinquent when those accounts were opened while plaintiff was incarcerated.  Defendant moved to dismiss, arguing that the claims were time barred because the credit reporting was done more than two years prior to the filing of the suit.  The court denied the motion, finding that the limitation period under the FCRA does not begin to accrue until plaintiff first learns that the defendant has failed to conduct a reasonable investigation of the dispute, and not at the time that the tradeline was reported.

In Dixon v. RJM Acquisitions, plaintiff alleged that defendant violated the FDCPA by credit reporting her debt after plaintiff had disputed the amount of the debt, aby not including her dispute with the reporting.  Plaintiff moved for summary judgment, and defendant asserted a bona fide error defense.  The court found that plaintiff had not clearly disputed the debt during the one recorded conversation when she stated “I don’t owe that much”.  The court concluded that this statement, the only evidence plaintiff submitted to establish notice of the dispute, was insufficient to show that defendant knew the debt was disputed, and entered judgment in defendant’s favor.

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