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 [...]

3 STEPS TO DISPUTE CREDIT REPORT ERRORS

Do you know how to dispute credit report errors? Credit report errors can keep you from getting approved for credit, insurance or a job.  Credit report errors may appear on your credit report for many reasons, including identity theft, mixed files, creditor errors and public record errors.  Whatever the reason, you should dispute the errors [...]

GETTING YOUR FREE CREDIT REPORT IS THE MOST IMPORTANT STEP IN PREVENTING ID THEFT

The most important thing people can do to protect themselves from identity theft is to obtain their credit reports regularly, Argina Layne told the Eastern Panhandle Entrepreneurs Forum at its recent meeting. "Your credit score is the most important thing to you to protect yourself," she said. "Check your reports - stay on top of [...]