The Fifth Circuit Has Interpreted When the Fair Credit Reporting Act Two Year Statute of Limitations Commences to Run

The Fifth Circuit Has Interpreted When the Fair Credit Reporting Act Two Year Statute of Limitations Commences to Run

by Onyinyechi Muilenburg

In Mack, the Fifth Circuit Court of Appeals analyzed how the Fair Credit Reporting Act was changed in 2003 with regard to statute of limitations issues.  See Mack v. Equable Ascent Financial, LLC, ____ F.3d ____, 2014 W.L. 1408266 (5th Cir. 2014).  The plaintiff argued that while he had received a report showing that the defendant had allegedly improperly pulled plaintiff’s credit report, plaintiff had not fully investigated the Fair Credit Reporting Act and/or negligence claim until approximately two (2) years later.  Plaintiff argued that the discovery rule controlled the matter.  The Court disagreed and held that the two years statute of limitation commenced to run when the consumer discovered that the report had been received without his consent, not when plaintiff allegedly discovered that the receipt allegedly violated the Fair Credit Reporting Act.  The Court also analyzed additional discovery rule issues with FCRA claims.

No information in this article is intended to constitute legal advice.  For specific legal advice, please contact an attorney.

If you have any questions or would like more information about the Fair Credit Reporting Act, please contact Pat Huttenbach at 713-223-9184 or whuttenbach@hirschwest.com.