FCRA CASE LAW UPDATE – NO THIRD PARTY DISCLOSURE REQUIRED UNDER 1681e(b) IN 9TH CIRCUIT – Equifax’s Motion for Partial Judgment Denied

Equifax’s Motion for Partial Judgment on the Pleadings Denied In Brooks v. Equifax, the court denied Equifax’s Motion for Partial Judgment on the Pleadings.  In her complaint, plaintiff alleged she settled an account with Wells Fargo, but Equifax did not update her credit report to show that no balance was owed on the account.  About … Continue reading FCRA CASE LAW UPDATE – NO THIRD PARTY DISCLOSURE REQUIRED UNDER 1681e(b) IN 9TH CIRCUIT – Equifax’s Motion for Partial Judgment Denied

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 … Continue reading DEBT COLLECTORS’ NEW CREDIT REPORTING POLICY SHORTENS TIME FOR NEGATIVE CREDIT INFORMATION

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 … Continue reading OCWEN’S MOTION TO DISMISS FCRA CLAIMS DENIED

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 … Continue reading CFPB TAKES ACTION AGAINST EQUIFAX AND TRANS UNION CREDIT BUREAUS

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 … Continue reading Court Denies RentGrow’s Motion to Dismiss Under Spokeo

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, … Continue reading ADKINS FIRM OPENS SHOP IN HOUSTON, TEXAS

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 … Continue reading COURT GRANTS SUMMARY JUDGMENT UNDER FCRA FOR QUICKEN

ID THEFT LAWYER, MICAH ADKINS RECOGNIZED BY SUPER LAWYERS AS 2014 RISING STAR

Super Lawyers, a national lawyer rating service, recognized Micah Adkins as a 2014 Rising Star for Consumer Law.  The selection process included identification of professional achievement by peer evaluations and independent research.  The Super Lawyer recognition is limited to 5% of the  lawyers in the state.  Super Lawyers Magazine is published in all 50 states and Washington, D.C., … Continue reading ID THEFT LAWYER, MICAH ADKINS RECOGNIZED BY SUPER LAWYERS AS 2014 RISING STAR

CONSUMER REPORTING AGENCY MUST GIVE CONSUMER REPORT

Have you been denied housing or employment because of a background report?  Federal law, the Fair Credit Reporting Act, prohibits consumer reporting agencies from prohibiting users (such as prospective landlords) from sharing the background report with the potential tenant if the background report was used in whole or in part to make the decision.  15 U.S.C. … Continue reading CONSUMER REPORTING AGENCY MUST GIVE CONSUMER REPORT