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West Virginia
Result of Investigation of Disputed Credit Information and Disclosure...

West Virginia Result of Investigation of Disputed Credit Information and Disclosure of Consumer Rights in Event of Continued Dispute

Q: What is a reasonable investigation under the FCRA?

A reasonable investigation under FCRA 1681s-2(b) requires the furnisher to examine sufficient evidence to determine whether the disputed information is accurate.

Category:

Loans and Lending - Consumer Reports

State:

Multi-State

Control #:

US-01416BG

Format:

Instant download

Description

Under the Fair Credit Reporting Act, if a consumer disputes the completeness or accuracy of any item of information in the consumer's file, and the dispute is directly conveyed to the consumer reporting agency by the consumer, the reporting agency must, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate, unless it has reasonable grounds to believe that the dispute is frivolous or irrelevant. If the information is erroneous, inaccurate, or can no longer be verified, the credit reporting agency must promptly correct or delete it and refrain from reporting the information in subsequent consumer reports.

Following any deletion of information or notation as to disputed information, the agency, on request of the consumer, must furnish to certain persons either: (1) notification of the deletion; or (2) the consumer's statement of the dispute or the agency's summary of the statement. The consumer reporting agency must clearly and conspicuously disclose the consumer's rights to make such a request, such disclosure to be made at or prior to the time the information is deleted or the consumer's statement regarding the disputed information is received.

West Virginia Request for Disclosure as to Nature and Scope of Investigative Consumer Report

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West Virginia Request for Disclosure Regarding Nature and Substance of Files of Consumer Reporting Agency

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West Virginia Disclosure That Investigative Consumer Report May Be Made

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West Virginia Notice to Consumer of Report of Public Record Information Likely to Have Adverse Effect

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West Virginia Challenge to Credit Report of Experian, TransUnion, and/or Equifax

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Testamentary Trust of the Residue of an Es...

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FAQ

If Defendant obtained an advantage that he otherwise would not have, such as trade secrets stolen from Plaintiff, then Defendant was unjustly enriched.

A reasonable investigation under FCRA § 1681s-2(b) requires the furnisher to examine sufficient evidence to determine whether the disputed information is accurate.

Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law. This typically occurs in a contractual agreement when Party A fulfills his/her part of the agreement and Party B does not fulfill his/her part of the agreement.

Under West Virginia law, "[a] claim of unjust enrichment generally entails the establishment of three elements: (1) a benefit conferred upon the [defendant], (2) an appreciation or knowledge by the defendant of such benefit, and (3) the acceptance or retention by the defendant of the benefit under such circumstances as ...

What is the statute of limitations for a consumer protection claim in your jurisdiction? The statute of limitations is four years under the West Virginia Consumer Credit and Protection Act (W. Va. Code § 46A-5-101).

In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies more than 10 years old.

Unjust enrichment is an equitable cause of action not governed by any statute of limitations in West Virginia (Dunn, 689 S.E.2d at 266-67).

The elements of unjust enrichment exist if: 1) you provided something of value to the defendant; 2) the defendant acknowledged, accepted and benefitted from what you provided; and 3) it would be inequitable for the defendant to enjoy the benefit you provided without compensating you.