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.”
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.
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 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 [...]
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 [...]
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 [...]
Birmingham Magazine surveyed more than 4,000 members of the Birmingham Bar Association for nominations for Birmingham's top lawyers. This is the fifth year for the peer review study and included 35 practice areas, including consumer law. The votes were reviewed by the Birmingham Bar Association and staff members of Birmingham Magazine. The results are in [...]
A South Carolina man, Mike St. Peter, has fought Equifax for years to correct his credit report. The problem started when Mr. St. Peter discovered a mortgage balance on his Equifax report that never changed – despite making his mortgage payments. He signed up for a credit monitoring program and saw his mortgage balance staying [...]