You are counsel for Keen Credit, a credit bureau agency that provides an alert service to its customers that identifies persons on the United States government's list of terrorists, drug traffickers, and others with whom Americans are prohibited from doing business (the "List').

Ray Reddington applied for an automobile loan with Mojtabai's Motors to purchase a new vehicle for his business. Mojtabai's Motors ordered consumer report for Ray from Keen Credit. Despite having been provided with all of his personal identifying information, Ray claims that Keen Credit Reporting Agency used a partial "name only" match and determined that Ray was on the List.

Mojtabai's Motors notified Ray that it could not extend him credit since there was an alert on his credit report. Ray was aghast and explained to Mojtabai's Motors that a horrible mistake must have been made. He was not a terrorist or drug trafficker! He was merely a consultant with two daughters. Convinced that the credit report must have been inaccurate, Mojtabai's Motors extended Ray the automobile loan.

Ray, humiliated that he was associated with such deadbeats, has threatened to sue Keen Credit for the mistake. You pull the file and see that there were two individuals named Ray Reddington, with different dates of birth. It's the other Ray Reddington that is on the List.

• If this case were litigated, what arguments could Keen Credit make and what are its chances of prevailing? What policies and procedures might Keen Credit implement, regardless, to prevent mistakes like this in the future?