DEBT COLLECTORS’ NEW CREDIT REPORTING POLICY SHORTENS TIME FOR NEGATIVE CREDIT INFORMATION

Debt Collectors' New Credit Reporting Policy Shortens Time for Negative Credit Information on Consumers' Credit Reports Encore Capital Group, Inc. announced a change in its credit reporting policies for consumers.  Encore's subsidiaries include: Midland Credit Management; Midland Funding, Asset Acceptance; Atlantic Credit & Finance. According to the Encore press release, "A significant challenge with current [...]

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 [...]

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 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 [...]

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 [...]

ID THEFT LAWYER, MICAH ADKINS RECOGNIZED BY SUPER LAWYERS AS 2014 RISING STAR

Super Lawyers, a national lawyer rating service, recognized Micah Adkins as a 2014 Rising Star for Consumer Law.  The selection process included identification of professional achievement by peer evaluations and independent research.  The Super Lawyer recognition is limited to 5% of the  lawyers in the state.  Super Lawyers Magazine is published in all 50 states and Washington, D.C., [...]

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 [...]

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. [...]