May 15, 2007, Introduced by Rep. Cushingberry and referred to the Committee on Banking and Financial Services.
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.