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?

CFPB TAKES ACTION AGAINST EQUIFAX AND TRANS UNION CREDIT BUREAUS

The Consumer Financial Protection Bureau (CFPB) took action against Equifax, Trans Union and their subsidiaries for deceiving consumers about the usefulness and actual cost of credit scores sold to consumers.  According to the CFPB papers, Equifax and Trans Union also lured consumers into costly recurring payments for credit related products with false promises. The CFPB ordered [...]

Court Denies RentGrow’s Motion to Dismiss Under Spokeo

In a recent decision, a district court denied a user's motion to dismiss citing Spokeo under the Fair Credit Reporting Act ("FCRA"). Green, III v. Rentgrow, Inc. and Trans Union, LLC, Case No.: 2:16-cv-421 (E.D. Va, Nov. 10, 2016). Facts:  Walter Green, III, received a credit monitoring alert that RentGrow obtained a copy of his [...]

BACKGROUND REPORT LAWSUIT EMPLOYER WILLFULLY VIOLATED FCRA

Background report lawsuit results in verdict for employer's willful violation of the FCRA.

CFPB KEEPS ENFORCEMENT POWER

The U.S. Court of Appeals for the District Court of Columbia held the Consumer Financial Protection Bureau (CFPB) can keep its powers.  On October 11, the court of Appeals held that while the CFPB's single director director removable only for cause structure is unconstitutional,  other portions of the statute authorizing the CFPB are constitutional.  In PHH Corp. [...]

ADKINS FIRM COMING TO HOUSTON, TEXAS

The Adkins Firm is expanding again.  With offices in Alabama and Texas, the Adkins Firm is expanding into Houston, Texas and South Texas.  "Texans need help.  The Adkins Firm is filling a need for identity theft victims, especially in the Houston and South Texas areas," says Micah Adkins, founder of the Adkins Firm.  Adkins says, [...]

MICAH ADKINS RECOGNIZED BY SUPER LAWYERS AS MID SOUTH RISING STAR FOR 2016

Super Lawyers recognizes lawyers for performance based on peer recognition. Through the selection process, Super Lawyers identifies candidate either 40 years old or younger or in practice for 10 years or less. All attorneys go through the Super Lawyers selection process. Those who are not selected to the Super Lawyers list, but who meet either one of [...]