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 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. [...]

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. [...]

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 [...]

HOW DO I GET MY FREE CREDIT REPORT?

Fair Credit Reporting Act Gives Consumers Right to Free Credit Report Do you know how to get a free credit report?  The Fair Credit Reporting Act (FCRA), gives consumers the right to a free credit report from Equifax, Experian and Trans Union.  The free credit reports can be ordered by phone, mail or online.  Click Annual [...]

ID THEFT NEWS – WEEKLY UPDATE

Fair Credit Reporting Act Lawyers Help Identity Theft Victims Over 12 million people an identity theft victim every year.  Identity theft changes lives forever!   ID theft victims may not even know their identity has been stolen until they receive debt collection calls for debts that do not belong to them.  Others will learn they are [...]