111 Iowa L. Rev. 825 (2026)
Abstract
The Fair Credit Reporting Act provides remedies for individuals who have been injured by a credit reporting agency’s negligence. These negligence claims generally require showing that an agency has not followed reasonable procedures to ensure the maximum possible accuracy of the information they receive and distribute. However, many plaintiffs do not have access to the kinds of evidence necessary to bring such a claim and withstand summary judgment. Some courts have theorized the common law doctrine res ipsa loquitur—“the thing speaks for itself”—is an adequate remedy for this issue, allowing a jury to infer negligence based on circumstantial evidence. This Note argues that courts should recognize this doctrine in the Fair Credit Reporting Act context to sufficiently serve Congress’s intent to protect consumers. Absent such recognition, Congress should amend the Fair Credit Reporting Act to explicitly permit jury inferences of negligence.