FCRA Time Bar Ruling Instructs On Technical Claim Defense

Law360 (September 10, 2020, 3:02 PM EDT) -- The Fair Credit Reporting Act prohibits the reporting of "adverse item(s) of information, other than records of convictions of crimes … which [antedate] the report by more than seven years."[1]

In Moran v. The Screening Pros LLC, the parties heavily litigated the issue of whether that seven-year period — commonly referred to as the obsolescence rule — begins when the charge originated or on the disposition date.[2]

The U.S. District Court for the Central District of California interpreted the FCRA to require companies to use the disposition date for calculating the seven-year period. The U.S. Court of Appeals for the Ninth...

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