HOW TO ORDER YOUR CREDIT REPORTS FOR FREE

Consumers often contact the Adkins Firm and ask how to get their free credit reports.  The Fair Credit Reporting Act (FCRA) is a federal law that gives consumers the right to a free credit report under several circumstances.  One of the most important and basic rights for consumers under the FCRA is the right to [...]

PUBLIC RECORD ERRORS AND CREDIT REPORTS

PUBLIC RECORD ERRORS AND CREDIT REPORTS Consumers often contact The Adkins Firm because they have public record errors on their credit reports.  Public records may include judgments and liens, such as tax liens.  After a judgment or a lien is filed with the court, consumer reporting agencies include the public record information on the consumer’s credit [...]

CREDIT REPORT ERRORS CAN CAUSE CREDIT DENIALS

Credit report errors can cause credit denials.  According to the Federal Trade Commission, one out of five consumers have credit report errors.   Credit report errors are often the result of mixed credit files.  A mixed credit report is a credit report that contains information about more than one consumer.  Mixed files are common amongst [...]

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 [...]

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.”

COMMUNITY HEALTH SYSTEMS (CHS) DATA BREACH EXPOSES MILLIONS OF PATIENTS’ PERSONAL IDENTIFYING INFORMATION (PII)

CHS Data Breach Puts Patients At Risk for ID Theft in Georgia, New Jersey, South Carolina and Tennessee Community Health Systems (CHS) was the target of at least two cyber attacks originating from China in April and June of 2014. The Tennessee-based healthcare organization, which owns, operates, and leases almost 200 hospitals across 29 different states1, confirmed that confidential, [...]

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 [...]