Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before Torruella, Lipez and Howard, Circuit Judges.

The Fair Credit Reporting Act imposes certain obligations on entities that furnish credit information to consumer credit reporting agencies (CRAs). See 15 U.S.C. § 1681s-2. One such obligation is to investigate any disputes over the completeness or accuracy of the information furnished and then notify the CRA of any corrections — but only if the CRA, acting as a gatekeeper, has previously notified the furnisher of the consumer’s dispute. Id. § 1681s-2(b)(1). By contrast, “[a] notice of disputed information provided directly by the consumer to a furnisher does not trigger a furnisher’s duties under § 1681s-2(b).” Chiang v. Verizon New England, Inc., 595 F.3d 26, 35 n.8 (1st Cir. 2010).

The appeal before us centers on this distinction. Plaintiff Wen Chiang brought suit against FIA Card Services, N.A. (formerly known as MBNA America Bank, N.A.), after it allegedly reported delinquent payments on his credit card.*fn1 Chiang disputes the alleged delinquency report and claims that FIA, as a furnisher of credit information, violated § 1681s-2(b)(1) by failing to follow up on that dispute with a further investigation. The district court granted summary judgment to FIA after finding no evidence that a CRA, rather than just Chiang himself, had ever contacted FIA concerning Chiang’s objections. Chiang v. MBNA, 634 F. Supp. 2d 164 (D. Mass. 2009). Discerning exactly the same fatal hole in Chiang’s case as the district court found, we affirm.*fn2

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

General Counsel Conference East 2021

September 22, 2021 - September 23, 2021
New York, NY

GCC East addresses General Counsel trends in regulatory, data protection, tech management, legal operations, and leadership.


New Jersey Legal Awards 2021

September 23, 2021
Virtual, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Women Influence & Power in Law Awards 2021

October 07, 2021
Washington, DC

Women Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Associate Litigation Attorney

Iselin, New Jersey, United States

We're an AV-rated small firm based in Middlesex County looking for a tech-savvy attorney who can help us with complex litigation. We encoura...

Apply Now ›

Private Equity Associate

Dallas, Texas, United States

The Private Equity Transactions Group of the Corporate Department is seeking a highly experienced junior to mid-level associate for its grow...

Apply Now ›


New York, New York, United States

Well established convenient Downtown Manhattan location plaintiff's personal injury firm seeks a highly motivated associate attorney. Candi...

Apply Now ›



JAVERBAUM WURGAFT HICKS mourn the passing of our Co-Founding Partner, collegue, and friend.

View Announcement ›



Barton Gilman Expands Into Connecticut

View Announcement ›



Barton Gilman LLP is excited to announce that its expansion into Philadelphia

View Announcement ›