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?

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 [...]

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 [...]

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 Freeze My Credit Report?

Stop ID theft - add a credit freeze to your credit file.

11th CIRCUIT REVERSES SUMMARY JUDGMENT IN FAVOR OF PLAINTIFF’S CLAIMS UNDER THE FCRA

On appeal, Hinkle argued the district court erred in granting summary judgment on her claims under the FCRA, including § 1681s-2(b) because Midland did not perform a reasonable investigation in response to her disputes. The 11th Circuit reviewed the district court’s finding that Midland satisfied its investigation duties under 1681s-2(b) when it: (1) double-checked the information that it had reported to the CRAs against its electronic files; and (2) sent Hinkle a letter stating that “it would be helpful to have a copy of any documentation [she] may have that supports [her] dispute.”

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 [...]

CREDIT REPORT ERRORS – PUBLIC RECORD ERRORS – PAID JUDGMENTS & LIENS

Do you have errors on a credit report or background report? We help consumers with false information on credit reports and background reports. Call 800-263-9091 24/7 for free case review.