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 [...]

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.”

ID THEFT NEWS – WEEKLY UPDATE

Fair Credit Reporting Act Lawyers Help Identity Theft Victims Fair Credit Reporting Act (FCRA) lawyers help consumers with credit report errors.  FCRA lawyers also help victims of identity theft.  Over 12 million people become identity theft victims every year.  ID theft victims may discover they are a victim when they receive collection calls for debts they do [...]

CFPB WANTS TO SUPERVISE CREDIT REPORTING AGENCIES AND DEBT COLLECTORS

Credit reporting agencies and debt collection agencies have been unsupervised for too long, according to CFPB Director, Richard Cordray.  David Lazarus, of the LA Times, reported.  The new consumer protection rules proposed by the Consumer Financial Protection Bureau will give the federal government oversight of the credit reporting agencies and debt collection companies in an [...]