Can a consumer bring an FCRA claim twice concerning the same inaccuracy?
<p>In the context of the Fair Credit Reporting Act, a consumer has no private right to action to sue a creditor for reporting inaccurate information to a credit reporting agency (CRA). A consumer <em>does</em> have a right to sue if the creditor fails to conduct a reasonable investigation and the inaccuracy is not corrected as a result, pursuant to 15 U.S.C. § 1681i(a)(2).</p>
<p>Does that imply a consumer can do the following?</p>
<ol>
<li>Dispute inaccuracy with CRA. CRA investigates</li>
<li>Sue creditor for a violation of 15 U.S.C. § 1681s-2(b)(1)(A) and lose</li>
<li>Dispute inaccuracy with CRA a second time, providing enough additional information to yield a reinvestigation. CRA re-investigates</li>
<li>Sue creditor for a violation of 15 U.S.C. § 1681s-2(b)(1)(A) and win</li>
</ol>

<h2>No</h2>
<p>The principle of <a href="https://en.wikipedia.org/wiki/Res_judicata" rel="nofollow noreferrer">Res Judicata</a> prevents it - same parties, same facts, same legislation means that you should have brought all your claims at the same time.</p>
<p>It’s possible that a <a href="https://en.wikipedia.org/wiki/Henderson_v_Henderson" rel="nofollow noreferrer">Henderson v Henderson</a> cause of action estoppel may torpedo the second case from the outset. However, even if it doesn’t, issue estoppel applies to the finding that there was a “reasonable investigation” - that matter has been decided by a court and is not subject to reexamination.</p>

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