Question:
The San Antonio Retail Merchants Association (SARMA) was a credit reporting agency. It was asked by one of its members to furnish information on William Douglas Thompson III. It supplied information from a file that contained data on William III and on William Daniel Thompson Jr. The agency had incorporated information related to William Jr. into the file relating to William III so that all information appeared to relate to William III. This was a negligent mistake because each William had a different social security number, which should have raised a suspicion that there was a mistake. In addition, SARMA should have used a number of checkpoints to ensure that incoming information would be put into the proper file. William Jr. had bad credit standing. Because of its mistake, SARMA gave a bad report on William III, who was denied credit by several enterprises. The federal Fair Credit Reporting Act makes a credit reporting agency liable to any consumer about whom it furnishes a consumer report without following reasonable procedures to ensure maximum possible accuracy of information. William III sued SARMA for its negligence in confusing him with William Jr. Is SARMA liable? [Thompson v San Antonio Retail Merchants Ass’n, 682 F2d 509 (5th Cir Tex)]