Chiang v. Verizon New England, Inc., No. 09-1214 - U.S. First Circuit
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Chiang v. Verizon New England, Inc., No. 09-1214

In plaintiff's suit against Verizon seeking more than $1 million for claimed violations of his rights under the Fair Credit Reporting Act (FCRA) and under the Fair Debt Collection Practices Act (FDCPA) based on Verizon's handling of the parties' prior disputes resolved in state court, summary judgment in favor of defendant is affirmed where: 1) under section 1681s-2(b) of the FCRA, there is a private cause of action, the investigation must be reasonable, this test is objective, and plaintiff bears the burden of proof; 2) a section 1681s-2(b) claim requires plaintiff to show actual inaccuracies that a furnisher's objectively reasonable investigation would have been able to discover; 3) on the FCRA claims, plaintiff failed to raise a genuine issue of material fact on two issues on which he bore the burden; and 4) on plaintiff's FDCPA claim, there is no material dispute of fact that Verizon is not a debt collector. 

Read Chiang v. Verizon New England, Inc., No. 09-1214

Appellate Information

Appeal from the United States District Court for the District of Massachusetts

Decided February 9, 2010

Judges

Before: Lynch, Chief Judge, Lipez and Howard, Circuit Judges

Opinion by  Circuit Judge Lynch

Counsel

For Appellant:  Dean Carnahan, Law Offices of Dean Carnahan

For Appellee:     Joshua A. Lewin, William A. Worth and Prince, Lobel, Glovsky & Tye LLP