Dirk Westra v. Credit Control of Pinellas, 409 F.3d 825 (7th Cir. 2005). · Go Syfert
Dirk Westra v. Credit Control of Pinellas, 409 F.3d 825 (7th Cir. 2005). Cases Citing This Book View Copy Cite
220 citation events (220 in the last 25 years) across 38 distinct courts.
Strongest positive: Johnson v. Freedom Mortgage Corporation (mnd, 2024-08-01)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Johnson v. Freedom Mortgage Corporation
D. Minnesota · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
investigation in this case was reasonable given the scant information it received regarding the nature of dispute.
discussed Cited as authority (verbatim quote) Redd v. Healthcare Revenue Recovery Group, LLC
N.D. Ill. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
credit control's investigation in this case was reasonable given the scant information it received regarding the nature of westra's dispute.
examined Cited as authority (verbatim quote) MacDonald v. Servis One, Inc. (3×) also: Cited "see", Cited "see, e.g."
N.D. Ill. · 2022 · quote attribution · 1 verbatim quote · confidence high
requiring a furnisher to automatically contact every consumer who disputes a debt would be terribly inefficient and such action is not mandated by the fcra
discussed Cited as authority (verbatim quote) Johnson v. Certified Services, Inc.
N.D. Ill. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
whether a defendant's investigation is reasonable is a factual question normally reserved for trial ... .
discussed Cited as authority (verbatim quote) Isler v. Experian Information Solutions, Inc (2×) also: Cited "see"
D. Conn. · 2020 · quote attribution · 1 verbatim quote · confidence high
credit control's investigation in this case was reasonable given the scant information it received regarding the nature of westra's dispute.
examined Cited as authority (verbatim quote) Teri Lynn Hinkle v. Midland Credit Management, Inc. (3×) also: Cited as authority (rule)
11th Cir. · 2016 · signal: see · quote attribution · 2 verbatim quotes · confidence high
investigation in this case was reasonable given the scant information received regarding the nature of dispute.
examined Cited as authority (verbatim quote) Gorman v. Wolpoff & Abramson, LLP (3×) also: Cited "see", Cited "see, e.g."
9th Cir. · 2009 · quote attribution · 1 verbatim quote · confidence high
investigation in this case was reasonable given the scant information it received regarding the nature of dispute.
examined Cited as authority (verbatim quote) Gorman v. Wolpoff & Abramson (3×) also: Cited "see, e.g."
9th Cir. · 2009 · signal: see · quote attribution · 2 verbatim quotes · confidence high
investigation in this case was reasonable given the scant information it received regard- ing the nature of dispute.
examined Cited as authority (verbatim quote) Gorman v. Wolpoff & Abramson, LLP (3×) also: Cited "see", Cited "see, e.g."
9th Cir. · 2009 · signal: see · quote attribution · 1 verbatim quote · confidence high
investigation in this case was reasonable given the scant information it received regarding the nature of dispute.
discussed Cited as authority (verbatim quote) Krajewski v. American Honda Finance Corp. (2×) also: Cited as authority (rule)
E.D. Pa. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
had trans union given credit control notice that the nature of the dispute concerned fraud, then perhaps a 610 more thorough investigation would have been warranted.
examined Cited as authority (verbatim quote) King v. Asset Acceptance, LLC (4×) also: Cited "see"
N.D. Ga. · 2006 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
summary judgment is proper if the reasonableness of the defendant's procedures is beyond question
discussed Cited as authority (rule) Hugo Cesar Gervacio v. LVNV Funding LLC
N.D. Ill. · 2026 · confidence medium
When a consumer reporting agency notifies a furnisher of an account dispute, the furnisher must: “(1) conduct an investigation with respect to the disputed information; (2) review all relevant information provided to it by the consumer reporting agency; (3) report the results of the investigation to the agency; and (4) if the information is found to be inaccurate or incomplete, report the results to all consumer reporting agencies to which it originally provided the erroneous information.” Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005) (citing 15 U.S.C. §1681s-2(b…
discussed Cited as authority (rule) Marcelino Albuerne and Ruby Jenkins v. Rent Recovery Solutions, LLC (2×)
D. Kan. · 2026 · confidence medium
Inc., 595 F.3d 26, 37 (1st Cir. 2010)). 33 Id. (quoting Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005)). confirmed that Montane had received Plaintiffs’ cashier’s check for the disputed amount.
discussed Cited as authority (rule) Ali Taj Bey v. Transunion LLC, et al.
M.D. Fla. · 2026 · confidence medium
First, the original creditor may continue attempting to collect the debt itself—either by utilizing internal collections staff, see FTC Report, 2013 WL 419348 , at *14, or by contracting with a third-party agent (a “collection agency”) willing to collect the debt on behalf of the original creditor, see, e.g., Westra v. Credit Control of Pinellas, 409 F.3d 825, 826 (7th Cir. 2005).
cited Cited as authority (rule) Rodney Antonio Batts v. Capital One, Equifax Information Services LLC
S.D. Ind. · 2025 · confidence medium
Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005).
discussed Cited as authority (rule) Fabian Huizar v. Horizon Bank
N.D. Ind. · 2025 · confidence medium
Of note, “the reasonableness of a furnisher’s investigation ‘is a factual question normally reserved for trial’ unless the defendant’s procedures were reasonable ‘beyond question.’” Woods v. LVNV Funding, LLC, 27 F.4th 544, 550 (7th Cir. 2022) (quoting Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005)).
cited Cited as authority (rule) Tamika D. Conn v. Bank of America, N.A., Blitt and Gaines, P.C., D & A Services, LLC
N.D. Ill. · 2025 · confidence medium
Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005).
discussed Cited as authority (rule) Erin Livesay v. National Credit Systems, Inc.
N.D. Ind. · 2025 · confidence medium
The Defendant was then also required to “report the results of the investigation to [the] [CRA].” Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005) (citing 15 U.S.C. § 1681s–2(b)).
cited Cited as authority (rule) Giallella v. United Property Management, Inc.
S.D. Fla. · 2025 · confidence medium
The reasonableness of a furnisher’s investigation “is a factual question” ordinarily “reserved for trial.” Id. (citing Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005)).
cited Cited as authority (rule) Edwards v. Memphis Light, Gas & Water
W.D. Tenn. · 2025 · confidence medium
Inc., 595 F.3d 26, 37 (1st Cir. 2010); Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147, 1155-57 (9th Cir. 2009); Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005)).
discussed Cited as authority (rule) Livesay v. National Credit Systems Inc
N.D. Ind. · 2025 · confidence medium
“Whether a defendant’s investigation is reasonable is a factual question normally reserved for trial; however, summary judgment is proper if the reasonableness of the defendant’s procedures is beyond question.” Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005) (citing Crabill v. Trans Union, L.L.C., 259 F.3d 662, 664 (7th Cir. 2001)); see Walton v. EOS CCA, 885 F.3d 1024, 1028 (7th Cir. 2018) (relying on the Westra standard to grant a defendant’s motion for summary judgment on a § 1681s-2(b)(1) claim); Woods v. LVNV Funding, LLC, 27 F.4th 544, 550 (7th Cir. 202…
discussed Cited as authority (rule) Westbrook v. Capital One Bank (USA), N.A.
M.D. Fla. · 2025 · confidence medium
Fla. June 19, 2013) (citing Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005)) (finding a data furnisher’s reinvestigation reasonable where the consumer disputed a charge “on the basis that the account did not belong to him,” and the furnisher merely verified the consumer’s name, address, and date of birth, reasoning “a more thorough investigation might have been required in order to be considered reasonable if the furnisher had been given a more detailed account of plaintiff's dispute, such as being notified that the dispute involved fraud”).
discussed Cited as authority (rule) Hurley v. Navy Federal Credit Union
N.D. Ill. · 2024 · confidence medium
“The FCRA imposes certain requirements on consumer reporting agencies, such as Trans Union, and entities that furnish information to those agencies . . . .” Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005).
discussed Cited as authority (rule) Potapova v. Toyota Motor Credit Corporation
S.D.N.Y. · 2024 · confidence medium
Similarly, the court in Krajewski held that “[a]bsent allegations of fraud, identity theft, or other issues not identifiable from the face of its records, the furnisher need not do more than verify that the reported information is consistent with the information in its records.” 557 F. Supp. 2d at 609 (emphasis added) (citing Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005)).
cited Cited as authority (rule) Ben-Avi v. Discover Financial Services, Inc.
N.D. Ill. · 2024 · confidence medium
Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005) (citing 15 U.S.C. § 1681s-2(b)).
cited Cited as authority (rule) Smith v. Lockhart, Morris & Montgomery, Inc.
S.D. Ohio · 2024 · confidence medium
Ohio Jan. 16, 2009) (citing Westra v. Credit Controls of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005)).
discussed Cited as authority (rule) Barwick v. Regions Bank
N.D. Ala. · 2024 · confidence medium
This is a factual question, and it will normally be reserved for trial.” Hinkle v. Midland Credit Mgmt., Inc., 827 F.3d 1295 (11th Cir. 2016) (citing Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005)).
discussed Cited as authority (rule) Mirabile v. Bank of America, National Association (2×)
N.D. Ill. · 2024 · confidence medium
Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005) (citing 15 U.S.C. § 1681s–2(b)).
cited Cited as authority (rule) Simonson, Nicole v. I.Q. Data International, Inc.
W.D. Wis. · 2023 · confidence medium
Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005).
discussed Cited as authority (rule) Stefan Ingram v. Experian Information Solutions
3rd Cir. · 2023 · confidence medium
Seamans, 744 F.3d at 865 (“where a given notice contains only scant or vague allegations of inaccuracy, a more limited investigation may be warranted”); see also Gorman, 584 F.3d at 1157 ; Chiang v. Verizon New England Inc., 595 F.3d 26, 38 (1st Cir. 2010); Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005).
discussed Cited as authority (rule) Stefan Ingram v. Experian Information Solutions
3rd Cir. · 2023 · confidence medium
Seamans, 744 F.3d at 865 (“where a given notice contains only scant or vague allegations of inaccuracy, a more limited investigation may be warranted”); see also Gorman, 584 F.3d at 1157 ; Chiang v. Verizon New England Inc., 595 F.3d 26, 38 (1st Cir. 2010); Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005).
cited Cited as authority (rule) Barnes v. Equifax Information Services LLC
N.D. Ill. · 2023 · confidence medium
Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005).
cited Cited as authority (rule) Parker v. TransUnion LLC
N.D. Ill. · 2023 · confidence medium
May 19, 2016); Westra v. Credit Control, 409 F.3d 825, 827 (7th Cir. 2005).
discussed Cited as authority (rule) ROBERTS v. CARTER-YOUNG, INC.
M.D.N.C. · 2023 · confidence medium
To effectuate that first purpose, “[t]he FCRA imposes certain requirements on [CRAs], . . . and entities that furnish information to [CRAs].” Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005).
discussed Cited as authority (rule) Tamara Frazier v. Dovenmuehle Mortgage, Inc.
7th Cir. · 2023 · confidence medium
Co. of VA, 526 F.3d 142, 148 (4th Cir. 2008). 3 See, e.g., Gross, 33 F.4th at 1252 ; Woods v. LVNV Funding, LLC, 27 F.4th 544, 550 (7th Cir. 2022) (citing Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005)); Pittman, 901 F.3d at 629 ; Felts, 893 F.3d at 1312 ; Maiteki v. Marten Transp.
cited Cited as authority (rule) Radford v. Loancare, LLC
E.D. Mo. · 2023 · confidence medium
Mo. Oct. 15, 2019). (quoting Westra v. Credict Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005)).
discussed Cited as authority (rule) Ringenbach v. AT&T Inc
E.D. Mo. · 2023 · confidence medium
“Whether a defendant’s investigation is reasonable is a factual question normally reserved for trial,” but summary judgment may be appropriate “if the reasonableness [or unreasonableness] of the defendant’s procedures is beyond question.” Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005) (alteration added).
cited Cited as authority (rule) Fickel v. Clearwater Credit Union
S.D. Ill. · 2023 · confidence medium
Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005).
discussed Cited as authority (rule) Robbins v. Equifax Information Services, LLC (2×) also: Cited "see"
S.D. Ill. · 2023 · confidence medium
Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005) (citing 15 U.S.C. § 1681s–2(b)).
discussed Cited as authority (rule) Williams v. Mazuma Credit Union
W.D. Mo. · 2022 · confidence medium
When a plaintiff alleges fraud, a defendant’s deference to standard procedures “calls into question the reasonableness of a cursory review.” Id. (citing Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005)).
discussed Cited as authority (rule) Oyathelemi v. LJ Ross and Associates
D. Maryland · 2022 · confidence medium
May 2, 2006); Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005). “[T]he cost of verifying disputed information” should be weighed against “the possible harm to the consumer.” See Johnson, 357 F.3d at 432-33.
discussed Cited as authority (rule) Frazier v. Dovenmuehle Mortgage, Inc.
N.D. Ill. · 2022 · confidence medium
Under that provision, “[w]hen a consumer reporting agency notifies a furnisher of a dispute with regard to an account, the furnisher of information must: (1) conduct an investigation with respect to the disputed information; (2) review all relevant information provided to it by the consumer reporting agency; (3) report the results of the investigation to the agency; and (4) if the information is found to be inaccurate or incomplete, report the results to all consumer reporting agencies to which it originally provided the erroneous information.” Westra v. Credit Control of Pinellas, 409 F.3…
discussed Cited as authority (rule) Nickels v. Scott Credit Union
E.D. Mo. · 2022 · confidence medium
“Whether a defendant's investigation is reasonable is a factual question normally reserved for trial,” but summary judgment may be appropriate “if the reasonableness of the defendant’s procedures is beyond question.” Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005).
discussed Cited as authority (rule) Adkins v. SLM Corporation
D. Kan. · 2022 · confidence medium
“Whether a defendant's investigation is reasonable is a factual question normally reserved for trial; however, summary judgment is proper if the reasonableness of the defendant's procedures is beyond question.” Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005).
discussed Cited as authority (rule) Lute v. TransUnion, LLC
N.D. Ill. · 2022 · confidence medium
“Whether a defendant’s investigation is reasonable is a factual question normally reserved for trial; however, summary judgment is proper if the reasonableness of the defendant’s procedures is beyond question.” Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005) (citing Crabill v. Trans Union, L.L.C., 259 F.3d 662, 664 (7th Cir. 2001)). 1099-C Claim There is no dispute that BANA issued Lute a 1099-C form on each of the two at-issue accounts in December 2016.
discussed Cited as authority (rule) Abu-Eid v. Discover Products, Inc.
E.D. Va. · 2022 · confidence medium
To be sure, the question of reasonableness is generally inappropriate for summary judgment, and courts considering whether a furnisher’s investigation procedures are reasonable under the FCRA routinely explain that “[w]hether a defendant’s investigation is reasonable [under the FCRA] is a factual question normally reserved for trial.” Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005); see also Maiteki v, Marten Transp.
discussed Cited as authority (rule) Veda White v. Wells Fargo Bank, N.A.
11th Cir. · 2021 · confidence medium
As the Seventh Circuit has held, “requiring a furnisher to automat- ically contact every consumer who disputes a debt would be terri- bly inefficient and such action is not mandated by FCRA.” Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005).
discussed Cited as authority (rule) Green v. Americollect, Inc.
E.D. Mo. · 2021 · confidence medium
Moreover, the determination of “[w]hether a defendant's investigation is reasonable [under section 1681s-2(b)] is a factual question normally reserved for trial[,]” Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005), and the reasonableness of an investigation will depend on the information the furnisher receives from the credit reporting agencies concerning the nature of the consumer’s dispute.
examined Cited as authority (rule) WOODS v. LVNV FUNDING, LLC (3×) also: Cited "see"
S.D. Ind. · 2021 · confidence medium
Bank, 249 Fed.Appx 464, 465 (7th Cir. 2007) (quoting Westra v. Credit Control, 409 F.3d 825, 827 (7th Cir. 2005)).
discussed Cited as authority (rule) Green v. Cenlar FSB
E.D. Wis. · 2021 · confidence medium
However, “‘summary judgment is proper if the reasonableness of the defendant’s procedures is beyond question.’” Walton, 885 F.3d at 1028 (quoting Westra v. Credit Control of Pinellas, 409 F.3d 825, 827 (7th Cir. 2005)).
Retrieving the full opinion text from the archive…
Dirk WESTRA, Plaintiff-Appellant,
v.
CREDIT CONTROL OF PINELLAS, Defendant-Appellee
04-3139.
Court of Appeals for the Seventh Circuit.
May 27, 2005.
409 F.3d 825
Larry P. Smith (argued), Krohn & Moss, Chicago, IL, for Plaintiff-Appellant., Kimberly A. Jansen (argued), Hinshaw & Culbertson, Chicago, IL, for Defendant-Appellee.
Bauer, Posner, Kanne.
Cited by 113 opinions  |  Published
BAUER, Circuit Judge.

Plaintiff-Appellant Dirk Westra appeals from the grant of summary judgment to Defendant Credit Control of Pinellas in Westra’s suit under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681 et seq. We affirm.

Background

Dirk Westra was the unfortunate victim of identity theft in 1999 when a former friend fraudulently opened several accounts in his name. Westra successfully disputed many of these accounts, and they were deleted from his Trans Union credit file. In August 2002, Westra received notice of an account that Credit Control was collecting on behalf of Pasco Emergency Medical Services, a company located in Florida. As Westra had never resided in Florida nor sought medical attention from this company, he mailed a dispute letter to Trans Union to inform them that the account did not belong to him. This letter included a fraud statement and information about the perpetrator of the identity theft. Trans Union generated a Consumer Dispute Verification Form (CDV) which it sent to Credit Control in October to request an investigation of the disputed account. The CDV sent to Credit Control did not make any reference to fraud or identity theft nor did it include the documentation that Westra had provided. Credit Control verified the account information as accurate and reported that the account belonged to Westra.

In November, Westra received a credit report from Trans Union that still contained the Credit Control account. He then sent a second dispute letter to Trans Union and sent a letter directly to Credit Control in December. Credit Control asked Westra for his social security number, which he provided in a letter dated December 30. In January 2003, Trans Union contacted Credit Control about the account, this time indicating that the dispute was whether the account was fraudulent. Based on this new information, Credit Control ordered a deletion of the fraudulent account on January 22, 2003. Westra claims that he was denied credit from Norwest Bank and First Card and denied a chance to refinance his mortgage at a lower rate due to the delay in removing the fraudulent account from his credit report. Westra filed a complaint against[*827] Credit Control, alleging that they failed to conduct a reasonable investigation as mandated by the Fair Credit Reporting Act, 15 U.S.C. § 1681s-2(b). Credit Control filed a motion for summary judgment which was granted by the district court.

Discussion

Summary judgment is appropriate where the “pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c). We review the district court’s grant of summary judgment de novo, construing all facts and reasonable inferences in the light most favorable to the non-moving party. Miller v. Am. Family Mut. Ins. Co., 203 F.3d 997, 1003 (7th Cir.2000).

The FCRA imposes certain requirements on consumer reporting agencies, such as Trans Union, and entities that furnish information to those agencies, such as Credit Control. 15 U.S.C. § 1681s. When a consumer reporting agency notifies a furnisher of a dispute with regard to an account, the furnisher of information must: (1) conduct an investigation with respect to the disputed information; (2) review all relevant information provided to it by the consumer reporting agency; (3) report the results of the investigation to the agency; and (4) if the information is found to be inaccurate or incomplete, report the results to all consumer reporting agencies to which it originally provided the erroneous information. 15 U.S.C. § 1681s-2(b). Whether a defendant’s investigation is reasonable is a factual question normally reserved for trial; however, summary judgment is proper if the reasonableness of the defendant’s procedures is beyond question. Crabill v. Trans Union, L.L.C., 259 F.3d 662, 664 (7th Cir.2001).

Credit Control’s investigation in this case was reasonable given the scant information it received regarding the nature of Westra’s dispute. Credit Control received a CDV from Trans Union indicating that Westra was disputing the charge on the basis that the account did not belong to him. The CDV did not provide any information about possible fraud or identity theft or include any of the documentation provided to Trans Union by Westra. Credit Control verified Westra’s name, address, and date of birth and sent the CDV back to Trans Union. Had Trans Union given Credit Control notice that the nature of the dispute concerned fraud, then perhaps a more thorough investigation would have been warranted. Given the facts of this case, however, Credit Control’s verification of Westra’s information was a reasonable procedure. Westra further argues that Credit Control should have contacted him directly about the disputed account. While that would have undoubtedly helped matters in the instant case, requiring a furnisher to automatically contact every consumer who disputes a debt would be terribly inefficient and such action is not mandated by the FCRA. As such, the fact that Credit Control did not contact Westra does not make their investigation unreasonable.

Conclusion

The grant of summary judgment by the district court is AffiRMEd.