Bill Text: MI HB4330 | 2009-2010 | 95th Legislature | Introduced


Bill Title: Civil procedure; remedies; correction of inaccurate item in consumer credit reports; establish procedures for civil action in state court. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 8309.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2009-02-19 - Printed Bill Filed 02/19/2009 [HB4330 Detail]

Download: Michigan-2009-HB4330-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4330

 

February 18, 2009, Introduced by Reps. Durhal, Miller, Cushingberry, Johnson, Tlaib, Young, Constan, Donigan, Sheltrown and Dean and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

(MCL 600.101 to 600.9947) by adding section 8309.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8309. (1) A consumer may bring an action in the district

 

court against a consumer reporting agency for an incomplete or

 

inaccurate item of information contained in the consumer's file at

 

the consumer reporting agency. An action may not be commenced under

 

this subsection unless the procedure for resolving disputes

 

concerning the completeness or accuracy of such items of

 

information under section 611 of the fair credit reporting act, 15

 

USC 1681i, has been completed.

 

     (2) In an action under subsection (1), the district court has


 

jurisdiction to award any damages allowed under the fair credit

 

reporting act, 15 USC 1681 to 1681x, and to award equitable relief

 

that requires the consumer reporting agency to remove an incomplete

 

or inaccurate item of information from the consumer's file.

 

     (3) This section does not affect the power of any other court

 

with jurisdiction to hear and decide an action that could be

 

brought under this section.

 

     (4) As used in this section, "consumer", "consumer reporting

 

agency", and "file" mean those terms as defined in section 603 of

 

the fair credit reporting act, 15 USC 1681a.

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