FCRA CASE LAW UPDATE – NO THIRD PARTY DISCLOSURE REQUIRED UNDER 1681e(b) IN 9TH CIRCUIT – Equifax’s Motion for Partial Judgment Denied

Equifax’s Motion for Partial Judgment on the Pleadings Denied In Brooks v. Equifax, the court denied Equifax’s Motion for Partial Judgment on the Pleadings.  In her complaint, plaintiff alleged she settled an account with Wells Fargo, but Equifax did not update her credit report to show that no balance was owed on the account.  About … Continue reading FCRA CASE LAW UPDATE – NO THIRD PARTY DISCLOSURE REQUIRED UNDER 1681e(b) IN 9TH CIRCUIT – Equifax’s Motion for Partial Judgment Denied

OCWEN’S MOTION TO DISMISS FCRA CLAIMS DENIED

Owen's Motion to Dismiss FCRA Claims Denied A federal court denied Owen's Motion to Dismiss the plaintiff's claims under the Fair Credit Reporting Act (FCRA). Polvorosa v. Allied Collection Services, et al, U.S.D.C Nev. Jan. 3, 2017 Facts:  The plaintiff Polvorosa, alleged that the defendants violated the Fair Credit Reporting Act (FCRA).  In 2011, the … Continue reading OCWEN’S MOTION TO DISMISS FCRA CLAIMS DENIED

COMMUNITY HEALTH SYSTEMS (CHS) DATA BREACH EXPOSES MILLIONS OF PATIENTS’ PERSONAL IDENTIFYING INFORMATION (PII)

CHS Data Breach Puts Patients At Risk for ID Theft in Georgia, New Jersey, South Carolina and Tennessee Community Health Systems (CHS) was the target of at least two cyber attacks originating from China in April and June of 2014. The Tennessee-based healthcare organization, which owns, operates, and leases almost 200 hospitals across 29 different states1, confirmed that confidential, … Continue reading COMMUNITY HEALTH SYSTEMS (CHS) DATA BREACH EXPOSES MILLIONS OF PATIENTS’ PERSONAL IDENTIFYING INFORMATION (PII)

ID THEFT NEWS: WEEKLY UPDATE

Fair Credit Reporting Act Lawyers Help Identity Theft Victims Over 12 million people an identity theft victim every year.  The harmful effects of identity theft are life changing and last a lifetime.  Victims may not even know their identity has been stolen until they receive debt collection calls for debts they do not owe.  Others … Continue reading ID THEFT NEWS: WEEKLY UPDATE

BANK OF AMERICA ID THEFT PROTECTION A SCAM?

Is Bank of America's identity theft protection plan a scam?  A federal investigation is underway to determine if Bank of America gave customers what they paid for when they purchased identity theft protection but did not receive the services from Bank of America's vendors.  The federal government wants to know if the identity theft protection … Continue reading BANK OF AMERICA ID THEFT PROTECTION A SCAM?

IF THEFT NEWS: WEEKLY UPDATE

Over 10 million consumers a year become victims of identity theft. Fraud victims are denied credit. If fraud victims are approved for credit, then they have to pay higher interest rates! Identity theft victims also get turned down for jobs because of arrests, convictions or other public records in a background report. What can consumers … Continue reading IF THEFT NEWS: WEEKLY UPDATE

FTC WARNS MARKETERS THAT APPS MAY VIOLATE FCRA

FTC Sends Letter to Marketers of Six Apps for Background Screening 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 … Continue reading FTC WARNS MARKETERS THAT APPS MAY VIOLATE FCRA

DEBT COLLECTOR ASSET ACCEPTANCE SETTLES LAWSUIT FOR $2.5 MILLION

One of the nation's largest consumer debt buyers has agreed to pay a $2.5 million civil penalty to settle Federal Trade Commission charges that it made a range of misrepresentations when trying to collect old debts. In addition, the company, Asset Acceptance, LLC, has agreed to tell consumers whose debt may be too old to … Continue reading DEBT COLLECTOR ASSET ACCEPTANCE SETTLES LAWSUIT FOR $2.5 MILLION

FAIR CREDIT REPORTING ACT (FCRA) GIVES CONSUMERS A PRIVATE CAUSE OF ACTION AGAINST FURNISHERS

It is well settled in the Eleventh Circuit that consumers do not have a private cause of action under 15 U.S.C. 1681s-2(a).  Chipka v. Bank of America, 355 Fed. Appx. 380 (11th Cir. 2009); Green v. RBS Nat’l Bank, 288 Fed. Appx. 641 (11th Cir. 2009); Antoine v. State Farm Mut. Auto. Ins. Co., 662 … Continue reading FAIR CREDIT REPORTING ACT (FCRA) GIVES CONSUMERS A PRIVATE CAUSE OF ACTION AGAINST FURNISHERS

Federal Trade Commission Issues Report Regarding Accuracy of Consumer Credit Reports

The Federal Trade Commission has issued a fourth interim to Congress describing progress the agency has made on a national study examining the accuracy of credit reports. Congress directed the FTC to conduct a study of credit report accuracy and provide interim reports every two years, starting in 2004 and continuing through 2012, with a final … Continue reading Federal Trade Commission Issues Report Regarding Accuracy of Consumer Credit Reports