Fair Credit Reporting: 10.4.6.3 Proof of Malice or Willful Intent
A factual record is generally necessary for a court to determine whether qualified immunity should bar a claim.198 Once discovery commences, practitioners should prepare to defend a summary judgment motion with evidence that could meet the stringent New York Times standard.199 For example, evidence that a furnisher verified false information as part of a reinvestigation of a dispute, after receiving strong evidence that the item was false, could suffice to survive a furnisher’s motion f