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Abstract: 

This article examines the evolving interpretation of the Fair Credit Reporting Act’s “objectively and readily verifiable” standard for establishing inaccuracies in consumer credit reports. It analyzes recent federal appellate decisions that have shifted away from the traditional factual-versus-legal dichotomy, instead focusing on whether alleged inaccuracies can be confirmed through straightforward, objective verification. The article surveys key cases from the Second, Fourth, Fifth, and Eleventh Circuits, tracing the shift from the factual-versus-legal analysis to a more nuanced focus on whether alleged inaccuracies can be objectively and readily verified. By reviewing both appellate and district court decisions, the article provides guidance for practitioners on distinguishing between cognizable claims and those that fall outside the statute’s scope under the new standard.

Keywords: Meaning of Accuracy; “Objectively and Readily Verifiable” Standard; Mader v. Experian Info. Sols., Inc.; Sessa v. Trans Union, LLC; Holden v. Holiday Inn Club Vacations Inc.; Roberts v. Carter-Young, Inc.; Reyes v. Equifax Info. Servs., L.L.C.

Affiliations:  1: McGuireWoods LLP.