A recent Sixth Circuit decision addressed whether FCRA imposes a
technical-accuracy standard or an "inaccurate or misleading
standard" on § 1681e(b) plaintiffs.
In Twumasi-Ankrah v. Checkr, Inc., 2020 U.S. App. LEXIS
10427 (6th Cir. April 2, 2020), the Sixth Circuit
reversed and remanded the decision of the district court dismissing
a former Uber driver's FCRA claim against Checkr for failing to
"follow reasonable procedures to assure maximum possible
accuracy" such that Checkr sent information that "was so
misleading as to be inaccurate."
As part of a consumer report for Uber, Checkr provided
information from the Ohio Bureau of Motor Vehicles (BMV) that
indicated Plaintiff had been involved in three
"accidents." The district court dismissed the suit,
agreeing with Checkr that Plaintiff failed to plausibly allege that
Checkr reported inaccurate information about him, not meeting the
clear Sixth Circuit precedent that a plaintiff must allege a CRA
reported
