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.”
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.
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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 [...]
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 [...]
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. [...]
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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.”
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