Issue: Under federal law, what are the elements of a defamation claim brought against a credit reporting agency?
Area of Law:
Banking & Finance Law, Personal Injury & Negligence
Defamation; Credit reporting agency; Malice
To recover for defamation against a credit reporting agency, the following elements must be proved: (1) defamatory words; (2) publication; (3) falsity; (4) malice, actual or implied; and (5) resulting injury. SeeBrewer v. Memphis Publ’g Co., 626 F.2d 1238 (5th Cir. 1980).
"Malice" is publication with knowledge that the information is false, or with reckless disregard as to whether the information was false. Brewer, 626 F.2d at 1238.
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