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 [...]

ADKINS FIRM OPENS SHOP IN HOUSTON, TEXAS

It's official!  The Adkins Firm has opened its Houston, Texas office.  The office is located in Houston's uptown district in the Williams Tower.  The office is easily recognized across the skyline as it is the 4th tallest building in Texas.  The Adkins Firm is located at 2800 Post Oak Blvd., Suite 4100, Houston, Texas 77056, [...]

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.”

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.

How Do I Dispute Errors On My Credit Report?

How Do I Dispute Errors On My Credit Report? Consumers often contact The Adkins Firm and ask how do I dispute errors on my credit report?  We suggest consumers make disputes to the credit bureaus, including Equifax, Experian and Trans Union, in writing and by certified mail.  Consumers should keep a copy of their signed [...]