March 15, 2021 — Amicus Brief

The FCRA provides three core rights that allow consumers to ensure that information contained in consumer reports is accurate: (1) a consumer must be informed when a consumer report is used against them; (2) a consumer must be allowed to see what information their file contains; and (3) consumers have the right to dispute inaccurate information. These three rights work together, and when a consumer reporting agency (CRA) disregards one of these rights and fails to provide the consumer the required notice detailing their rights, like TransUnion did here, the system designed by Congress breaks down.  Under the FCRA, it is not enough to simply make the disclosure of the consumer’s file. The disclosure must be clear and understandable to the consumer in order to allow them to determine the accuracy of the information. TransUnion’s failure to comply with Section 1681g(a) and Section 1681g(c) was not merely procedural or technical. Rather, this failure harmed consumers’ concrete interests in knowing what is being reported about them and how to correct erroneous information.