MAIS v. GULF COAST COLLECTION – 11TH CIRCUIT RULES ON PRIOR EXPRESS CONSENT

Mr. Mais sued Gulf Coast, a debt collection agency, and a healthcare provider under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. 227.  Mr. Mais claimed the defendants violated the TCPA when they made autodialed or prerecorded calls to him.  Gulf Coast argued the phone calls did not violate the TCPA because they [...]

COURT GRANTS SUMMARY JUDGMENT UNDER FCRA FOR QUICKEN

Kingery v. Quicken Loans (S.D. West Virginia, Charleston Division) Date of Opinion: June 04, 2014 Facts: Plaintiff sent a loan inquiry in April 2010 to MortgageLoans.com who identified Quicken Loans, among others, as a potential lender. Quicken uses a software for their inquiry process, Loan Origination and Lead Allocation “LOLA”, to track, deliver and find [...]

11th CIRCUIT RULES ON TELEPHONE CONSUMER PROTECTION ACT (TCPA)

The 11th Circuit Court of Appeals recently entered its long awaited decision on the called party issue under the Telephone Consumer Protection Act (TCPA).  The 11th Circuit held the called party is the subscriber of the phone number called by the defendant. Facts:  Appellee claims Wells Fargo made multiple calls to her cell phone using [...]

Shaunfield v. Experian

SHAUNFIELD v. EXPERIAN INFORMATION SOLUTIONS, INC. (N.D. Texas, Dallas Division, Dec. 2013) John Shaunfield sued Experian, Radiology Associates of North Texas, American Honda Finance Corp., and Credit Systems International under the Fair Credit Reporting Act (FCRA) and various state law claims.  Shaunfield alleged Experian violated the FCRA when it provided companies with two different credit reports under his name. One of [...]

COURT HOLDS FAIR CREDIT REPORTING ACT (FCRA) PREEMPTS STATE STATUTORY & COMMON LAW CLAIMS

Grossman v. TRANS UNION, LLC - Dist. Court, ED Pennsylvania, 2014 In Grossman v. Trans Union, the court was faced with the issue of whether the consumer's state law claims against the furnisher were preempted by the Fair Credit Reporting Act ("FCRA").  In short, the court said yes, and dismissed the state law claims, including defamation, violation [...]

CONSUMER REPORTING AGENCY MUST GIVE CONSUMER REPORT

Have you been denied housing or employment because of a background report?  Federal law, the Fair Credit Reporting Act, prohibits consumer reporting agencies from prohibiting users (such as prospective landlords) from sharing the background report with the potential tenant if the background report was used in whole or in part to make the decision.  15 U.S.C. [...]

CompuCredit Corp. v. Greenwood – U.S. Supreme Court High Fee Credit Card Decision Lets Predatory Lenders Escape Justice

The National Consumer law center (NCLC) issued the following press release regarding the Supreme Court's decision in CompuCredit v. Greenwood. FOR IMMEDIATE RELEASE: January 10, 2012 U.S. Supreme Court High Fee Credit Card Decision Lets Predatory Lenders Escape Justice  CompuCredit Corp. v. Greenwood Decision Denies Basic Legal Right to Day in Court  (Washington, DC) The [...]

HOW LONG DOES A TAX LIEN STAY ON MY CREDIT REPORT?

The length of time that a tax lien may stay on your credit report depends on the payment status of the lien.  Paid (or satisfied) tax liens may not be reported more than 7 years after the date of payment.  15 U.S.C. 1681c(a)(3).  Tax liens that are un-paid may be reported for more than 7 [...]

SUPREME COURT & BIG BUSINESS CRUSH CONSUMER RIGHTS

Are consumer class actions banned by the US Supreme Court ruling in Concepcion?  Here's an excerpt from an excellent article detailing how the Concepcion ruling is affecting consumers all over the US. If it seems easier lately for companies to add small fees on your bills and harder for you to get your money back, [...]