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W.D.N.C.: Biddle v. Grain Technology- Delinquent Credit Reporting due to Failure to Accept Payments by Creditor is an Impermissible Legal Dispute under FCRA

Ed Boltz

Mon, 07/15/2024 - 17:41

Summary:

After Grain Technologies locked all of its borrowers  from making payment through its app (or by any other means),  it then began  to report that Damon Biddle was delinquent on payments.  After filing unsuccessful disputes  showing that any delinquencies were due to the failure of  Grain Technologies to accept payments,   Mr.  Biddle brought suit pursuant to FCRA against Grain Technologies and several  credit reporting agencies.  The magistrate court,  in an opinion adopted by the district court,  held that Mr.  Biddles' dispute  questioned the validity of the underlying debt  and that such a "collateral attack" on the debt  was an impermissible  legal dispute and not a factual dispute as contemplated by FCRA. 

Commentary:

It would seem that to the Big Brother credit reporting agencies,  every dispute is a legal question under FCRA and not factual  to such an extent that they would even contend that since  2+2 can equal 5,  since, depending on the legal regime under which one lives (just like "War is Peace,  Freedom is Slavery,  Ignorance is Strength"), that could be true.

Ed Boltz North Carolina Bankruptcy Debt Expert

To read a copy of the transcript, please see:

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