FCRA UPDATE: NO RIGHT TO OFFSET UNDER FCRA

The trial court acknowledged Synchrony’s claims shared facts in common; however, because the plaintiff’s claims were made under federal law, the FCRA, and the FCRA does not “expressly or impliedly provide[] a right to indemnity,” the court denied Synchrony’s motion for leave to file the third party complaint. Accordingly, “[f]rom a policy standpoint, therefore, it is difficult to conjure up support for a rule which would allow a furnisher to bring an indemnification action.”

4TH CIRCUIT REINFORCES FCRA RULE – NO PRIVATE CAUSE OF ACTION AGAINST FURNISHERS FOR REPORTING FALSE INFORMATION UNDER FCRA

CREDIT REPORT DISPUTE LAWYER - Under the Fair Credit Reporting Act (FCRA), there is no private cause of action under 15 U.S.C. § 1681s-2(a). In other words, consumers cannot successfully sue furnishers for reporting false information under the FCRA.

WHAT SHOULD YOU DO WHEN THE CREDIT BUREAU “VERIFIES” FALSE INFORMATION?

Do you have credit report errors? Have you disputed the false information to the credit bureaus? Now What?

How Do I Freeze My Credit Report?

Stop ID theft - add a credit freeze to your credit file.

HOW DO I GET MY FREE CREDIT REPORT?

How do I get my free credit report? The Fair Credit reporting Act (FCRA) is a federal law that gives consumers rights, including the right to a free credit report every 12 months.  Consumers may order free reports from the nationwide consumer reporting agencies, including Equifax, Experian and Trans Union, by mail, phone or online. [...]

APPS MAY VIOLATE FCRA – FTC SENDS WARNING LETTER TO EVERIFY, INFOPAY AND INTELLIGATOR

The Federal Trade Commission warned marketers of six mobile applications that provide background screening apps that they may be violating the Fair Credit Reporting Act. The FTC warned the apps marketers that, if they have reason to believe the background reports they provide are being used for employment screening, housing, credit, or other similar purposes, [...]

TRINITY HOSPITAL PATIENT DATA STOLEN BY EMPLOYEE

The Birmingham News is reporting Chelsea Catherine Stewart was charged with stealing more than 4,500 patients' medical records from Trinity Medical Center in Birmingham, Alabama.  The matter is currently under investigation and while authorities have not disclosed her motive for stealing the patients' personal identifying information (PII).  However, the identity thief's notes indicated that she planned to run [...]

FINANCE TIPS FOR 2011

2011 is here!  Consumers often tell me about their new year's resolutions and ask how me how they can improve their financial stability in light of their credit score.  The following are some great tips for consumers who are trying to increase their financial stability: Review your credit report.  Your financial future depends on the [...]

HOW DO I DISPUTE INCORRECT INFO ON MY CREDIT REPORT?

How do I dispute incorrect information on my credit report?  According to the Federal Trade Commission (FTC), consumers should dispute inaccurate information on their Equifax, Experian or Trans Union credit reports.  Derogatory or negative information on your credit report can decrease your credit score.  Ultimately, you may be denied credit, employment or insurance based on [...]

ALABAMA 1 OF 3 STATES WITHOUT A CREDIT FREEZE LAW

The Federal Trade Commission (FTC) estimates over 8 million Americans become victims of identity theft each year.  Billions of dollars are spent by every year by consumers and others in losses as a result of identity theft.  The identity theft problem has significantly increased over the last decade, with complaints about identity theft rising by more than 578% [...]