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 [...]

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 [...]

ADKINS FIRM COMING TO HOUSTON, TEXAS

The Adkins Firm is expanding again.  With offices in Alabama and Texas, the Adkins Firm is expanding into Houston, Texas and South Texas.  "Texans need help.  The Adkins Firm is filling a need for identity theft victims, especially in the Houston and South Texas areas," says Micah Adkins, founder of the Adkins Firm.  Adkins says, [...]

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 [...]

ID THEFT NEWS: WEEKLY UPDATE

Fair Credit Reporting Act Lawyers Help Identity Theft Victims Over 12 million people an identity theft victim every year.  The harmful effects of identity theft are life changing and last a lifetime.  Victims may not even know their identity has been stolen until they receive debt collection calls for debts they do not owe.  Others [...]

FTC WARNS MARKETERS THAT APPS MAY VIOLATE FCRA

FTC Sends Letter to Marketers of Six Apps for Background Screening The Federal Trade Commission warned marketers of six mobile applications that provide background screening apps that they may be violating the Fair Credit Reporting Act. The FTC warned the apps marketers that, if they have reason to believe the background reports they provide are [...]

CONSUMERS COMPLAIN TO FTC THAT THEY ARE UNABLE TO GET FREE CREDIT REPORTS

Are you unable to get your free credit report from Equifax, Experian or Trans Union?  Consumers often contact us and complain that they are unable to get their free credit report from credit reporting agencies, such as Experian, Equifax or Trans Union.   In fact, the Federal Trade Commission received 472 consumer complaints from November 25, [...]

FAIR CREDIT REPORTING ACT (FCRA) GIVES CONSUMERS A PRIVATE CAUSE OF ACTION AGAINST FURNISHERS

It is well settled in the Eleventh Circuit that consumers do not have a private cause of action under 15 U.S.C. 1681s-2(a).  Chipka v. Bank of America, 355 Fed. Appx. 380 (11th Cir. 2009); Green v. RBS Nat’l Bank, 288 Fed. Appx. 641 (11th Cir. 2009); Antoine v. State Farm Mut. Auto. Ins. Co., 662 [...]