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?

COURT DENIES TRANS UNION’S MOTION TO STAY FCRA CLASS ACTION

Court Denies Trans Union Motion to Stay in FCRA Class Action Case Dennis v. Trans Union, LLC, Dist. Court, ED Pennsylvania (Jan. 12, 2016) Consumer reporting agency Trans Union filed a motion to stay, in an effort to postpone legal proceedings for violation of the Fair Credit Reporting Act (“FCRA”). The Court  denied Trans Union's motion because Trans [...]

MICAH ADKINS NAMED TOP CONSUMER LAWYER AGAIN BY BIRMINGHAM BAR

Birmingham Magazine surveyed more than 4,000 members of the Birmingham Bar Association for nominations for Birmingham's top lawyers. This is the fifth year for the peer review study and included 35 practice areas, including consumer law. The votes were reviewed by the Birmingham Bar Association and staff members of Birmingham Magazine. The results are in [...]

WHAT DOES DODD FRANK ACT DO FOR CONSUMERS?

What does the Dodd-Frank Act do for consumers? For the first time in over twenty years, Congress made more changes in consumer protection laws by enacting the Dodd-Frank Act.  Publ. L. No. 111-203, 124 Stat. 1376 (2010).    The Dodd Frank Act was signed into law on July 21, 2010.  The Dodd Frank Act includes consumer protection [...]

ID THEFT NEWS – WEEKLY UPDATE

We represent victims of identity theft across the country. Identity theft is an epidemic, especially in the South. Few identity thieves are arrested and convicted. What can consumers do to protect their credit reports and their reputation? Federal law provides identity theft victims with rights under the Fair Credit Reporting Act (FCRA). Under federal law, identity [...]