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 [...]

OCWEN’S MOTION TO DISMISS FCRA CLAIMS DENIED

Owen's Motion to Dismiss FCRA Claims Denied A federal court denied Owen's Motion to Dismiss the plaintiff's claims under the Fair Credit Reporting Act (FCRA). Polvorosa v. Allied Collection Services, et al, U.S.D.C Nev. Jan. 3, 2017 Facts:  The plaintiff Polvorosa, alleged that the defendants violated the Fair Credit Reporting Act (FCRA).  In 2011, the [...]

CFPB TAKES ACTION AGAINST EQUIFAX AND TRANS UNION CREDIT BUREAUS

The Consumer Financial Protection Bureau (CFPB) took action against Equifax, Trans Union and their subsidiaries for deceiving consumers about the usefulness and actual cost of credit scores sold to consumers.  According to the CFPB papers, Equifax and Trans Union also lured consumers into costly recurring payments for credit related products with false promises. The CFPB ordered [...]

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, [...]

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.

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.