The post Has American Collection Systems, Inc. Been Sued Before for Alleged Unlawful Debt Collection Practices That Were Allegedly in Violation of the FDCPA? first appeared on Rights Protection Law Group, PLLC.

The post Was American Collection Systems, Inc. Sued For Alleged Unlawful Debt Collection Practices That Were Allegedly in Violation of the FDCPA? first appeared on Rights Protection Law Group, PLLC.

The post Were Over 600,000 Honda and Acura Models Voluntarily Recalled for Allegedly Defective Impellers in Fuel Pumps? first appeared on Rights Protection Law Group, PLLC.

Creditors such as e-commerce companies, banks, credit card companies, etc., as well as third-party debt collection companies and telemarketers often will call, text or fax consumers without having prior express consent from the consumer for them to be able to do so. They will often call consumers without the consumers’ permission.

These companies cannot contact you without first having obtained your prior express consent.

There is a federal statute passed by U.S. Congress in 1991 and signed into law that same year by President George H.W. Bush, known as the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (TCPA). The TCPA protects the rights of people who are receiving unwanted calls, artificial or prerecorded voice messages, texts, or faxes by companies using automatic telephone dialing machines.

What If They Will Not Stop?

So, if you tell a company, orally or in writing, to stop calling, texting or faxing you, but the company still keeps doing so, it could mean that the offending company owes you $500 per every call, text, artificial or prerecorded voice message, or fax made or sent after you told them to stop. If they are calling, texting or faxing you while looking for the wrong consumer, you may not even have to tell them to stop, and they could owe you $500 per call, text or fax starting from the second communication the company makes to you.

If a court believes that the company acted in a willful and knowing manner, it could entitle you to three times the normal amount per unwanted call, text, or fax, so, $1,500 per unwanted call, text or fax.

Even if you do not owe the company any money and are the wrong person that they are looking for, or are not on the federal Do-Not-Call List, if the company is calling you without your express consent, or after you have told it not to, it can owe you up to $500 to $1,500 per unwanted call. Often times, law firms will file class actions against companies for such violations of the law.

Questions?

If you are getting unwanted calls, text messages or faxes, please contact Rights Protection Law Group, PLLC, as soon as possible at 844-893-1006 or fill out our contact form, so that our law firm can do quick, free review of your story to see if your rights were violated and if you may be entitled to monetary damages.

We would love to try to assist you to stop the unwanted harassing calls, texts, artificial or prerecorded voice messages, and/or faxes, and to try to help you get financial compensation.

The post Illegal Calls And Texts By Debt Collectors first appeared on Rights Protection Law Group, PLLC.

TransUnion’s actions were allegedly in violation of the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (“FCRA”).  Inaccurate credit reporting can harm a consumer’s ability to get a loan, and it can also harm the interest rates that they do qualify for in regard to loans they are able to obtain.  It can even affect an individual consumer’s employment prospects.  Therefore, it is very important that a consumer’s credit information is collected, reported, and shared accurately.  Violations of the Fair Credit Reporting Act by a defendant can provide consumers with statutory damages and actual damages. It can also entitle consumers to have their attorney’s fees and court costs paid for as well.

What is the FCRA?

The FCRA is a federal consumer protection statute which regulates consumers’ access to their credit reports.  It regulates how their credit information is collected by credit reporting agencies.  It also makes the agencies ensure that the information that they collect and distribute is a fair and accurate summary of an individual consumer’s credit history.  The FCRA was enacted in 1970, and the policy reasons behind enacting this statute were to make sure that the personal information in the files of consumers that is within credit reporting agencies is fair, accurate, and private.  The FCRA has been amended twice since it was enacted.  All credit bureaus have to follow the FCRA as it governs how they can collect and share information about individual consumers.

The FCRA protects consumers from having misinformation used against them.  It outlines specific guidelines and rules in regard to the methods that credit reporting agencies can utilize in order to collect information, and also in order to verify information.  The FCRA also outlines the reasons for which the credit reporting agencies can release information about a consumer.  Pursuant to the FCRA, consumers have certain rights.  One of these includes having free access to their respective credit reports.

Are Consumers Entitled to Have Copies of their Credit Report(s)?

Consumers are entitled by law to one free credit report every twelve months, from each one of the three major credit bureaus; Experian, TransUnion, and Equifax.  The FCRA is primarily aimed at Experian, Equifax, and TransUnion.  This is because Experian, TransUnion, and Equifax are the three major credit reporting agencies, and there is a widespread use of the information that those three credit bureaus collect and sell.  Credit reports can be requested at an official government-authorized website: AnnualCreditReport.com.  They can be requested, however, in other locations as well, but that website would provide them to consumers for free once a year.  Consumers have the right to a free copy of their credit report within 15 days of requesting it.  Consumers have a unique credit score with each credit reporting agency.  They must have proper identification in order to obtain their credit report.

If a business has taken adverse action against a consumer because of information in their credit report, such as denying their application or charging a higher interest rate, then the credit bureaus have to give them a free copy of their credit report. The three major credit bureaus, Experian, TransUnion, and Equifax would also have to give a consumer a copy of their credit report for free if they are unemployed and are planning to look for a job within the next 60 days, and also if they are on welfare.  The three major credit bureaus would also have to give a consumer a free credit report if their credit report has inaccurate information in it emanating from identity theft and if they have been the victim of identity theft.

The credit bureaus would still have to provide consumers with their credit reports at any other time, but they can decide to charge the consumers for it.  A consumer would always have to provide personal, identifying information in order to attain a credit report, so that a credit reporting agency like Experian, TransUnion, or Equifax can confirm that they are definitely the person requesting the credit report before it is released.  This is a measure that is taken to ensure the safety of consumers’ credit information. This measure can aid in preventing situations where credit information is released to the wrong person, which, for example, can help to prevent identity theft and other problematic situations.

Consumers Have the Right to Have Their Credit Information Reported Accurately

Pursuant to the FCRA, consumers have a right to verify the accuracy of their credit report if they need it for employment purposes.  They also have a right to dispute information in their credit report that they believe and know is inaccurate and is not complete in general.  They have the right to have the credit bureaus correct any information in their credit report that is not complete, and that is inaccurate.  If the inaccurate information cannot be verified by the credit bureau, then the credit bureau has a responsibility to remove it.  Consumers also have the right to be notified if information in their file has been used negatively against them after they have applied for credit, as well as after they have applied for other transactions to happen.  If a consumer cannot get information corrected on the consumer’s credit report, it is their right to be able to have a statement added to their credit file that explains the situation.

Consumers also, pursuant to the FCRA, have the right to have negative and/or outdated information removed from their credit report.  Outdated and negative information would have to be removed from the consumer’s credit report, in most situations, after 7 years of it being reported on their credit report.  If the negative and/or outdated information is in regard to a bankruptcy, then it must be removed after 10 years of being on the consumer’s credit report.  If the consumer cannot get outdated information removed from their credit report, the consumer can submit a statement to be added to their credit file that explains the situation for anyone who might be allowed look at the consumer’s credit report.  Information regarding a criminal record can remain indefinitely on a person’s credit report.

Businesses can check consumers’ credit reports for multiple reasons.  Two of those reasons can be for the business to decide whether or not to give a loan to an individual consumer, or for the business to decide whether or not to sell insurance to an individual consumer.  For these reasons, and others, what is in the consumer’s credit file must be fair, private, and accurate.  Credit information of respective consumers must be shared and collected accurately pursuant to the FCRA.

How the Credit Bureaus Must Respond Regarding Credit Report Disputes

If an individual consumer files a dispute with a credit bureau, and the credit bureau does not respond to their request in a satisfactory and proper manner within 30 days, that could be a violation under the FCRA.  The credit bureau could then owe the consumer damages pursuant to the FCRA.  The credit bureaus have a duty to respond to the consumer’s dispute within a timely manner, and the credit bureaus also must do a reasonable investigation.

If a credit bureau does not remove outdated or inaccurate information that is being improperly collected and shared by the credit bureau, within 30 days in response to a dispute, and a consumer has given them reason to know that the information that is being collected and shared is outdated and/or inaccurate and/or has given them the evidence to display that, then the consumer can sue the credit reporting agency for damages pursuant to the FCRA.  The consumer can also, for the same reason, sue the business that originally reported and then verified the inaccurate or outdated information to the credit bureau when the credit bureau was doing its investigation.  Therefore, businesses that are reporting credit information to credit reporting agencies must ensure that they are reporting information accurately, and that they are responding to these investigations properly and truthfully.

Regarding the Sharing and Collecting of Credit Report Information

Two federal agencies that oversee and enforce provisions of the FCRA are the Consumer Financial Protection Bureau (“CFPB”) and the Federal Trade Commission (“FTC”).  Different States have their own respective laws regarding credit reporting.  The three major credit reporting bureaus, and other smaller ones and other specialized companies, collect and sell information regarding the credit scores of individual consumers.  The collecting and selling of information regarding the credit scores of individual consumers can affect the interest rate that a consumer would have to pay on a loan, and it can also affect whether or not the consumer gets approved for a loan or for a credit card.  So, it is important that an individual consumer’s credit information is reported accurately.  The information in a consumer’s credit report is used to compute their credit score.

The FCRA outlines what type of data and information that a credit bureau like Experian, TransUnion, and Equifax is allowed to collect.  This can be information like the bill payment history of a consumer, current debts, past loans, employment information, whether the consumer has filed for bankruptcy before, whether the consumer has an arrest record, what the consumer’s past and present addresses are, and if the consumer is behind on child support.

Pursuant to the FCRA, access to a consumer’s credit report is only allowed under certain circumstances.  Generally, a mortgage lender, or a credit card provider, or a loan financer, or a vehicle loan provider, or a landlord, or an insurance company can only request a credit report when one of those loans or cards or policies or rental applications is applied for by the consumer.  The government can request the credit report of an individual person in response to a federal grand jury subpoena, or a court order, or if the person is applying for a specific type of license that is government-issued.  Employers can request the credit report for a job applicant, but only if the job applicant has already given their express permission for them to do so.  Employers who are in the trucking industry generally are not required to have attained the written consent of a job applicant before requesting the credit report of a job applicant.  Consumers’ medical information remains private, as consumers are protected from having their medical information disclosed in their credit report.  Creditors are prohibited from obtaining or using medical information when they are making decisions in regard to credit.

The consumer has to be the one who initiates the transaction in almost all circumstances, or they would have to in almost all circumstances be the one to have agreed in writing for the report to be released before the credit bureau can release it. The FCRA therefore restricts who can see a consumer’s credit file and for what purposes.  The purpose must be a permissible one. For example, a business can request to see a consumer’s credit report if they want to grant the consumer credit after they have submitted an application – this would be a permissible purpose.  The purpose has to be for a legitimate need, and Experian, TransUnion, and Equifax must have that solidified before allowing anyone access to a consumer’s credit report.  The approximately 50 different companies that self-identify as consumer reporting agencies must have that solidified as well.  This is because the FCRA’s rules also apply to all of them. A consumer also has the right to know who has requested to look at their credit report in the last year.  For employment purposes, a consumer has the right to know who has requested to look at their credit report in the past two years.

Regarding Information Furnishers

As mentioned, the FCRA’s rules can also apply to the businesses which furnish and provide information to the credit bureaus.  These businesses are also known as information furnishers.  The legal obligations of information furnishers can include, but are not limited to, having to report accurate information.  Any information that is reported by them cannot be inaccurate.  The information furnishers must also promptly update and correct any inaccurate information that they have previously provided to any of the credit bureaus.  They cannot refuse to do so.

Information furnishers have to tell consumers about any credit information that is negative that the information furnishers reported to any of the credit bureaus within thirty (30) days.  Consumers also have the right to have information furnishers tell them about any credit information that is negative that the information furnishers are simply planning to submit to any of the credit bureaus within thirty (30) days.  Information furnishers can notify consumers that they have submitted, or plan to submit, negative information to a credit reporting agency via things such as a billing statement or a notice of default.

The information furnishers also have to let the credit bureaus know when a consumer has voluntarily chosen to close an account of theirs.  The information furnishers must not report accounts that a consumer has previously reported was the result of identity theft.  Information furnishers must have procedures in place in order for them to respond to any notices of identity theft that the credit bureaus like Experian, Equifax, and TransUnion send to them.  Businesses are not allowed to publish consumers’ full credit card numbers on receipts.  The FCRA allows consumers to protect their Social Security numbers by having it truncated on their credit reports so that the whole social security number is not visible.

Regarding Disputing Inaccurate Information on a Consumer’s Credit Report

Consumers have the right to dispute any information on their credit report that is inaccurate.  They can directly dispute any information on the credit report that is inaccurate, in writing.  The creditor has to notify the credit bureaus of a consumer’s dispute after the creditor receives it.  The creditor cannot continue reporting the inaccurate information until it has fully investigated the consumer’s dispute.  To do otherwise would be a violation of the FCRA and the business could then owe damages to the consumer.  A business does not have to report information to the credit bureaus as there is no legal requirement that any business has to do so.  However, if a business chooses to report information to the credit bureaus, then they must follow the rules set forth under the FCRA.

The FCRA requires that businesses let consumers know when they have been turned down for credit opportunities, insurance, employment, and so forth, because of information that is in their credit reports, as mentioned.  The FCRA also requires that businesses provide consumers with the name, address, and phone number of the credit bureau that supplied the report to them that was used in the decision by the business to turn the consumer down for a credit opportunity.

Regarding Pre-Screened Offers and Security Freezes

The three major credit reporting agencies – Experian, TransUnion, and Equifax – also have to give the consumer the chance to opt-out of prescreened credit offers and to opt-out of insurance offers.  Prescreened offers for credit and insurance that were unsolicited have to include a toll-free telephone number that the consumer can call if the consumer chooses to remove the consumer’s name and address from the lists that those prescreened offers were based on.  This is what is called ‘opting out’, and a consumer can ‘opt-out’ with the nationwide credit bureaus by calling the following phone number, which is 1-888-5-OPTOUT (which is 1-888-567-8688).

Consumers can obtain a security freeze and have it placed on their credit report.  This freeze prevents a consumer reporting agency, such as TransUnion, Equifax, and Experian, from releasing to others any information in a consumer’s credit report without first obtaining their express consent and authorization.  That way, credit, loans, and services cannot be approved in a consumer’s name without first having their express consent.  Having a security freeze in place can potentially delay, prohibit, or interfere with the timely approval of a subsequent request or application made regarding a new loan, credit, mortgage, and so on.

Security freezes do not apply to people or entities or their affiliates or collection agencies that are acting on those people or entities’ behalf that a consumer already has an account with, and who are requesting information in a consumer’s credit report so that they can review the account or collect on it.  Part of what is entailed in reviewing an account includes, but is not limited to monitoring the account, undertaking account maintenance-related activities, increasing the credit line, and enhancing and upgrading the account.

Consumers could also have an initial or extended fraud alert put on their credit file in the alternative to obtaining and placing a security freeze on their credit report, and there is no cost for this.  These alerts can be extremely helpful.  Initial fraud alerts last for one year.  A new business seeing this has to take steps to verify the consumer’s identity before they extend any new credit opportunities.  Extended fraud alerts are available to all victims of identity theft, and they last for 7 years.

Options for Victimized Consumers

Consumers have the right to sue and seek damages from credit bureaus, users of consumer reports, and information furnishers that act in violation of the FCRA. Additionally, many states have their own consumer reporting laws and it is possible that consumers have more rights under state law. If a consumer believes that their rights have been violated under the FCRA, they should contact a law firm or a consumer protection attorney who is licensed in the state that they reside in. It is important for a consumer to have an accurate reporting of their credit history. Professional legal assistance can provide consumers with guidance, help them seek restitution, and assist them in determining the answers to any questions that they may have in regard to the FCRA.

The post Was TransUnion, LLC Sued for Alleged Inaccurate Credit Reporting? first appeared on Rights Protection Law Group, PLLC.

The Plaintiff also alleged that Bank of America and GM Financial – the furnishers of her credit information – willfully, maliciously, recklessly, wantonly, and/or negligently failed to update their accounts based on the statement of dispute by her, despite their promise to do so, and also did not follow the requirements put forth under the FCRA.

What is the FCRA?

The FCRA is a federal consumer protection statute.  It regulates consumers’ access to their credit reports.  It also regulates how their credit information is collected by credit reporting agencies, and it makes the credit reporting agencies ensure that the information that they collect and distribute is a fair and accurate summary of a respective consumer’s credit history.  It was enacted in 1970, and the policy reasons behind enacting this law were to ensure that the personal information in the files of consumers that is within credit reporting agencies is fair, accurate, and private.  The FCRA has been amended twice since it was enacted.  All credit bureaus have to follow the FCRA.  It governs how they can collect and share information about individual consumers.

The FCRA protects consumers from misinformation being used against them. It outlines specific guidelines and rules on the methods that credit reporting agencies can utilize in order to collect information and to verify information, and it also outlines the reasons for which the credit reporting agencies can release information about a consumer.  Pursuant to the FCRA, consumers have certain rights.  One of these rights includes having free access to their respective credit reports.

Are Consumers Entitled to Copies of their Credit Reports?

Consumers are entitled by law to one free credit report every 12 months, from each one of the three major credit bureaus; Experian, TransUnion, and Equifax.  The FCRA is primarily aimed at Experian, Equifax, and TransUnion because they are the three major credit reporting agencies, and there is a widespread use of the information that those three credit bureaus collect and sell.  Credit reports can be requested at an official government-authorized website, which is AnnualCreditReport.com.  It can be requested however, in other locations as well, but that specified website would provide it to a consumer each year for free.  A consumer has the right to a free copy of their credit report within 15 days of requesting it, and they must have proper identification in order to obtain the credit report.

If a business has taken adverse action against a consumer because of information in their credit report, such as denying their application or charging a higher interest rate, then the credit bureaus would have to give the consumer a copy of their credit report for free.  The three major credit bureaus, Experian, TransUnion, and Equifax, would also have to give the consumer a copy of their credit report for free if they are unemployed and are planning to look for a job within the next 60 days; if the consumer is on welfare; if their credit report has inaccurate information in it emanating from identity theft; and if they have been the victim of identity theft.

The credit bureaus would still have to provide the consumer with their credit report at any other time, but they can decide to charge them for it.  The consumer would always have to provide personal, identifying information in order to attain a credit report, so that a credit reporting agency like Experian, TransUnion, or Equifax can confirm that they are definitely the person requesting the credit report before it is released it to them.  This is a measure that is taken to ensure the safety of consumers’ credit information.  It can aid in preventing situations where credit information is released to the wrong person, which, for example, can help to prevent identity theft, and other negative situations.

Consumers Have the Right to Have Their Credit Information Reported Accurately

Pursuant to the FCRA, consumers have a right to verify the accuracy of their credit report if they need it for employment purposes.  They also have a right to dispute information in their credit report that is inaccurate and that is not complete in general.  They have the right to have the credit bureaus correct any information in their credit report that is not complete, and that is inaccurate.  If the inaccurate information cannot be verified by the credit bureau, then the credit bureau has a responsibility to remove it.  Consumers also have the right to be notified if information in their file has been used negatively against them after they have applied for credit, or after they have applied for other transactions to happen.  If a consumer cannot get information corrected on their credit report, it is their right to be able to have a statement added to their credit file that explains the situation.

Pursuant to the FCRA, consumers also have the right to have negative and/or outdated information removed from their credit report.  Outdated and negative information would have to be removed from a consumer’s credit report, in most situations, after 7 years of it being reported on the credit report.  If the negative and/or outdated information is in regard to a bankruptcy, then it must be removed after 10 years of being on the credit report.  If a consumer cannot get outdated information removed from their credit report, they can submit a statement to be added to their credit file that explains the situation for anyone who might validly look at the credit report.  Information regarding a criminal record can remain indefinitely on the credit report.

Businesses can check consumers’ credit reports for multiple reasons.  Two of those reasons can be for the business to decide whether or not to give a loan to an individual consumer, or whether or not to sell insurance to an individual consumer.  For these reasons, and others, what is in the consumer’s credit file must be fair, private, and accurate.  Credit information of respective consumers must be shared and collected accurately pursuant to the FCRA.

How the Credit Bureaus Must Respond Regarding Credit Report Disputes

If an individual consumer files a dispute with a credit bureau, and the credit bureau does not respond to their request in a satisfactory and proper manner within 30 days, that could be a violation under the FCRA.  The credit bureau could then owe the consumer damages pursuant to the FCRA.  The credit bureaus have a duty to respond to the consumer’s dispute within a timely manner and the credit bureaus must do a reasonable investigation.

If a credit bureau does not remove outdated or inaccurate information that is being improperly collected and shared by the credit bureau within 30 days in response to a dispute and a consumer has given them reason to know that the information that is being collected and shared is outdated and/or inaccurate and/or has given them the evidence to display that, then the consumer can sue the credit bureau for damages pursuant to the FCRA.  The consumer can also for the same reason sue the business that originally reported and then verified the inaccurate or outdated information to the credit bureau when the credit bureau was doing its investigation.

Regarding the Sharing and Collecting of Credit Report Information

Two federal agencies that oversee and enforce provisions of the FCRA are the Consumer Financial Protection Bureau (“CFPB”) and the Federal Trade Commission (“FTC”).  States have their own respective laws relating to credit reporting.  The three major credit reporting bureaus, and other smaller ones and specialized companies, collect and sell information regarding the credit scores of individual consumers.  This can affect the interest rate that a consumer would have to pay on a loan, or if the consumer gets approved for a loan or for a credit card.  So, it is important that said information is reported accurately.  The information in a consumer’s credit report is used to compute their credit score.

The FCRA outlines what type of data and information that a credit bureau like Experian, TransUnion, and Equifax is allowed to collect.  This can be information like the bill payment history of a consumer, current debts, past loans, employment information, whether the consumer has filed for bankruptcy before, whether the consumer has an arrest record, what the consumer’s past and present addresses are, and if the consumer is behind on child support.

Pursuant to the FCRA, access to a consumer’s credit report is only allowed under certain circumstances.  Generally, a mortgage lender, or a credit card provider, or a loan financer, or a vehicle loan provider, or a landlord, or an insurance company can only request a credit report when one of those loans or cards or policies or rental applications is applied for by the consumer.  The government can request the credit report of an individual person in response to a federal grand jury subpoena, or a court order, or if the person is applying for a specific type of license that is government-issued.  Employers can request the credit report for a job applicant, but only if the job applicant has already given their express permission for them to do so.  Employers who are in the trucking industry generally are not required to have attained the written consent of a job applicant before requesting the credit report of a job applicant.

The consumer has to be the one who initiates the transaction in almost all circumstances, or they would have to in almost all circumstances be the one to have agreed in writing for the report to be released before the credit bureau can release it.  The FCRA therefore restricts who can see a consumer’s credit file, and for what purposes. It has to be for a permissible purpose.  For example, a permissible purpose would be if a business requests to see a consumer’s credit report in the event that the business wants to grant them credit after they have submitted an application.  It has to be for a valid need, and Experian, TransUnion, and Equifax have to keep this in mind before allowing anyone access to see a consumer’s credit report, and the approximately 50 different companies that self-identify as consumer reporting agencies have to do so as well.  This is because the FCRA’s rules apply to all of them as well. Consumers also have the right to know who has requested to look at their credit report in the last year.  For employment purposes, consumers have the right to know who has requested to look at their credit report in the past two years.

Regarding Information Furnishers

As mentioned, the FCRA’s rules can also apply to the businesses which provide information to the credit bureaus.  These businesses are also known as information furnishers; they furnish and provide information to the credit bureaus.  The legal obligations of information furnishers can include, but are not limited to, having to report accurate information.  Any information that is reported by them cannot be inaccurate.  The information furnishers must also promptly update and correct any inaccurate information that they have previously provided to the credit bureaus.  They cannot refuse to do that.

Information furnishers have to tell consumers about any negative information that they reported to the credit bureaus within thirty (30) days.  They also have to let the credit bureaus know when a consumer has chosen voluntarily to close an account of theirs.  The furnishers must also not report accounts that consumers have previously reported were the result of identity theft.  Information furnishers must have procedures in place to respond to any notices of identity theft that the credit bureaus like Experian, Equifax, and TransUnion send to them.

Regarding Disputing Inaccurate Information on A Consumer’s Credit Report

Consumers have the right to dispute any information on their credit report that is inaccurate.  They can do so directly in writing.  The creditor has to notify the credit bureaus of a consumer’s dispute after the creditor receives it.  The creditor cannot continue reporting the inaccurate information until it has fully investigated the dispute.  To do otherwise would be a violation of the FCRA and the business could then owe the consumer damages.  A business does not have to report information to the credit bureaus as there is no legal requirement that they do so.  However, if a business chooses to report information to the credit bureaus, then they must follow the rules set forth under the FCRA.

The FCRA requires that businesses let consumers know when they have been turned down because of information that is in their credit report.  The FCRA also requires that businesses provide consumers with the name, address, and phone number of the credit bureau that supplied the report used in the decision by the business to turn the consumer down for a credit opportunity.

Regarding Pre-Screened Offers and Security Freezes

The three major credit reporting agencies – Experian, TransUnion, and Equifax – also have to give consumers the chance to opt-out of prescreened credit offers and to opt-out of insurance offers.  Unsolicited prescreened offers for credit and insurance must include a toll-free telephone number that the consumer can call if the consumer chooses to remove their name and address from the lists that those offers were based on.  This is what is called ‘opting out’.  A consumer can ‘opt-out’ with the nationwide credit bureaus, by calling the following phone number, which is 1-888-5-OPTOUT (which is 1-888-567-8688).

Consumers can obtain a security freeze, and have it placed on their credit report.  This prevents a consumer reporting agency like TransUnion, Equifax, and Experian from releasing to others any information in their credit report without first obtaining their express consent and authorization.  This way, credit, loans, and services cannot be approved in their name without first having their express consent.  Having a security freeze in place can potentially delay, prohibit, or interfere with the timely approval of a subsequent request or application made regarding a new loan, credit, mortgage, and so on.

Security freezes do not apply to people or entities or their affiliates or collection agencies which are acting on those people or entities’ behalf that a consumer has an existing account with, and who are requesting information in a consumer’s credit report so that they can review the account or collect on it.  Part of what is entailed in reviewing an account includes, but is not limited to, monitoring the account, undertaking account maintenance-related activities, increasing the credit line, and enhancing and upgrading the account.

Consumers could also have an initial or extended fraud alert put on their credit file in the alternative to a security freeze, and there is no cost for this.  These alerts can be extremely helpful.  Initial fraud alerts last for one year.  A new business seeing this has to take steps to verify the consumer’s identity before they extend any new credit.  Extended fraud alerts are available to all victims of identity theft, and they last for 7 years.

Options for Victimized Consumers

Consumers have the right to sue and seek damages from credit bureaus, users of consumer reports, and information furnishers that act in violation of the FCRA. Additionally, many states have their own consumer reporting laws and it is possible that consumers have more rights under state law. If a consumer believes that their rights have been violated under the FCRA, they should contact a law firm or a consumer protection attorney who is licensed in the state that they reside in. It is important for a consumer to have an accurate reporting of their credit history. Professional legal assistance can provide consumers with guidance, help them seek restitution, and assist them in determining the answers to any questions that they may have in regard to the FCRA.

The post Was Equifax Information Services, LLC Sued for Alleged Inaccurate Credit Reporting? first appeared on Rights Protection Law Group, PLLC.

The case had originally been filed in the Federal District Court in the Central District of California.  At the time, the settlement was the second largest settlement in history regarding alleged violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681, et seq. (“FCRA”).  Allegedly, anyone who had a Chapter 7 bankruptcy on their credit file that showed that it was discharged, but still had some of their pre-bankruptcy debts that were on their credit file with Experian that were still showing as though they were due and owing, could have been a member of the class.  Violations of the Fair Credit Reporting Act by a defendant can provide consumers with statutory damages, actual damages, and the consumer’s attorney’s fees and court costs to be paid.

The FCRA is a federal statute.  It regulates consumers’ access to their credit reports, and how their credit information is collected.  It was enacted in 1970.  The policy reasons behind enacting this law were to ensure that the personal information in the files of consumers that is within credit reporting agencies is fair, accurate, and private.  Credit Bureaus have to follow the FCRA, as it governs how they can collect and share information about individual consumers.

Pursuant to the FCRA, consumers have certain rights.  One of these includes having free access to their respective credit reports. Consumers are entitled by law to one free credit report every 12 months, from each one of the three major credit bureaus; Experian, TransUnion, and Equifax.  Credit reports can be requested at an official government-authorized website, which is AnnualCreditReport.com.  It can be requested however, in other locations as well, but that website would provide it to a consumer each year for free.

If a business has taken adverse action against a consumer because of information in their credit report, such as denying a consumer’s application or charging a higher interest rate, then the credit bureaus have to provide them with a free copy of their credit report.  Experian, TransUnion, and Equifax would also have to provide consumers with a free copy of their credit report if they are unemployed and are planning to look for a job within the next 60 days; if they are on welfare; if their credit report contains inaccurate information resulting from identity theft; and if they have been the victim of identity theft.

The credit bureaus would still have to provide consumers with their credit report at any other time, but they can charge them for it.  Consumers would always have to provide personal, identifying information, so that a credit reporting agency like Experian, TransUnion, or Equifax can confirm that they are the person requesting the credit report before releasing it to them.  This can aid in preventing situations where credit information is released to the wrong person, which can help to prevent identity theft, and so on.

Pursuant to the FCRA, consumers have a right to verify the accuracy of their credit report if they need it for employment purposes.  They also have a right to dispute information in their credit report that is inaccurate and is not complete, and they have the right to have the credit bureaus correct any information in their credit report that is not complete, and that is inaccurate.  Consumers also have the right to be notified if information in their file has been used negatively against them after they have applied for credit or after they have applied for other transactions to occur.

Consumers, also pursuant to the FCRA, have the right to have negative information, and outdated information, removed from their credit report.  In most cases that outdated and negative information would have to be removed from a consumer’s credit report after 7 years of it being reported on the report.  If the negative, outdated information pertains to a bankruptcy, then it must be removed after 10 years.

Businesses can check credit reports for multiple reasons.  Two of those reasons can be to decide whether or not to provide a loan or to sell insurance to an individual consumer.  For these reasons, and others, what is in their credit file must be fair, private, and accurate.  Credit information of consumers must be shared and collected accurately.  If a consumer files a dispute with a credit bureau, and the credit bureau fails to respond to their request in a satisfactory manner within 30 days, that could be a violation under the FCRA, and they could owe the consumer damages pursuant to the FCRA.  The credit bureaus have a duty to respond to the consumer’s dispute within a timely manner and must do a reasonable investigation.

If a credit bureau does not remove outdated or inaccurate information that is being improperly collected and shared by the credit bureau, within 30 days in response to a dispute, and a consumer has given them reason to know and evidence to display that said information that is being collected and shared is outdated and/or inaccurate, then the consumer can sue the credit bureau for damages pursuant to the FCRA.  The consumer can also for the same reason sue the business that originally reported and then verified the inaccurate or outdated information to the credit bureau when the credit bureau was doing its investigation.

Two federal agencies that oversee and enforce provisions of the FCRA are the Consumer Financial Protection Bureau (“CFPB”) and the Federal Trade Commission (“FTC”).  Respective states have their own laws related to credit reporting.  The three major credit reporting bureaus, and other smaller ones, and specialized companies, collect and sell information regarding the credit scores of individual consumers.  This can affect the interest rate a consumer would have to pay on a loan like a mortgage, or if the consumer gets approved for a loan at all, or for a credit card.  Therefore, it is important that said information is reported accurately.  The information in a consumer’s credit report is used to compute their credit score.

The FCRA outlines what type of data and information a credit bureau like Experian, TransUnion, and Equifax is allowed to collect.  This can be information like the bill payment history of a consumer, current debts, past loans, employment information, whether they have filed for bankruptcy before, whether they have an arrest record, what their past and present addresses are, and if the consumer is behind on child support.

Access to a consumer’s credit report is only allowed under the FCRA under certain circumstances.  Generally a mortgage lender, or credit card provider, or loan financer, or vehicle loan provider, or landlord, or insurance company can only request a credit report when one of those loans or cards or policies or rental applications is applied for by the consumer.  The government can request a credit report of an individual person in response to a federal grand jury subpoena, or court order, or if the person is applying for a specific type of license that is government-issued.  Employers can request the credit report for a job applicant, but only after the job applicant has given their express permission for them to do so.  Employers who are in the trucking industry, however, generally are not required to have attained the written consent of a job applicant before requesting the credit report of a job applicant.

The consumer has to be the one who initiated the transaction in almost all circumstances.  Or they would have to – in almost all circumstances – have agreed in writing for the report to be released before the credit bureau can release it. The FCRA therefore restricts who can see consumers’ credit files, and for what purposes.  It has to be for a permissible purpose.  For example, a business can request to see a consumer’s credit report if they want to grant the consumer credit after they have submitted an application, and that would be a permissible purpose.  Experian, TransUnion, and Equifax have to keep this in mind before allowing anyone access to see a consumer’s credit report, and the approximately 50 different companies that self-identify as consumer reporting agencies have to do so as well, as the FCRA’s rules apply to all of them as well.

Experian, TransUnion, and Equifax also have to give consumers the chance to opt-out of prescreened credit offers and insurance offers.  Prescreened offers for credit and insurance that were unsolicited must include a toll-free telephone number that the consumer can call if they choose to remove their name and address from the lists that those offers were based on.  This is called opting out.  A consumer can opt-out with the nationwide credit bureaus, by calling the following phone number 1-888-5-OPTOUT (which is 1-888-567-8688).

As mentioned, the FCRA’s rules can also apply to the businesses which provide information to the credit bureaus.  These businesses are also known as information furnishers, as they furnish and provide information to the credit bureaus.  Their legal obligations can include, but are not limited to, having to report accurate information.  The information reported by them cannot be inaccurate.  They must also promptly update and correct any inaccurate information that they have previously provided to the credit bureaus, they cannot refuse to do so.

Information furnishers must tell consumers about any negative information that they reported to the credit bureaus within thirty (30) days, and they also must let the credit bureaus know when consumers have chosen voluntarily to close an account.  They must also not report accounts that a consumer has previously reported as being the result of identity theft, and they must have procedures in place to respond to notices of identity theft that the credit bureaus like Experian, Equifax, and TransUnion send to them.

Consumers have the right to dispute any information on their credit report that is inaccurate.  They can do so directly in writing.  The creditor has to notify the credit bureau of a consumer’s dispute after the creditor receives it.  The creditor cannot continue reporting the inaccurate information until it has investigated the dispute.  To do otherwise would be a violation of the FCRA, and the business could then owe the consumer damages.  A business does not have to report information to credit bureaus since there is no legal requirement that they do so.  However, if a business chooses to report to the credit bureaus, they must follow the rules set by the FCRA.

The FCRA requires that businesses let consumers know when they have been turned down because of information in their credit report, as mentioned.  The FCRA also requires that businesses provide consumers with the name, address, and phone number of the credit bureau that supplied the report to them that was used in the decision to turn them down for a credit opportunity.

Consumers can obtain a security freeze, and have it placed on their credit report.  This prevents a consumer reporting agency like TransUnion, Equifax, and Experian from releasing to others any information in the consumer’s credit report without their express consent and authorization.  This way, credit, loans, and services cannot be approved in a consumer’s name without their given consent.  Having a security freeze in place can potentially delay, prohibit, or interfere with the timely approval of a subsequent request or application made regarding a new loan, credit, mortgage, and so on.

Security freezes do not apply to people or entities or their affiliates or collection agencies acting on those people or entities’ behalf that a consumer already has an account with, and who are requesting information in a consumer’s credit report so that they can review the account or collect on it.  Part of what is entailed in reviewing an account includes, but is not limited to, monitoring the account, account maintenance-related activities, increasing the credit line, and enhancing and upgrading the account.

Consumers could also have an initial or extended fraud alert put on their credit file in the alternative to a security freeze, and there is no cost for this.  Initial fraud alerts last for one year.  A new business seeing this has to take steps to verify the consumer’s identity before extending any new credit.  Extended fraud alerts are available to victims of identity theft, and they last for 7 years.

Options for Victimized Consumers

Consumers have the right to sue and seek damages from credit bureaus, users of consumer reports, and information furnishers that act in violation of the FCRA.  Additionally, many states have their own consumer reporting laws and so it is possible that consumers have additional rights under state law.  If a consumer believes that their rights have been violated under the FCRA, they should contact a law firm or a consumer protection attorney who is licensed in the state that they reside in. It is important for a consumer to have an accurate reporting of their credit history. Professional legal assistance can provide consumers with guidance, help them seek restitution, and assist them in determining the answers to any questions that they may have in regard to the FCRA.

The post Was Experian Information Solutions, Inc. Sued for Alleged Inaccurate Credit Reporting? first appeared on Rights Protection Law Group, PLLC.

In Massachusetts, for example, the Massachusetts Illegal Repossession Law (Mass. Gen. Laws c. 255B, § 20B) states that if you are not in default on payments on your vehicle, then your vehicle cannot be repossessed.

If you are in default, you still have to be given proper requisite notice that you have 21 days to cure the default and get up to date in payments. If you do not get this notice, then your vehicle cannot be repossessed.

In Massachusetts, if a repossession company tries to repossess your vehicle by coming onto your property without your permission, it is trespassing illegally on your property. If your vehicle is on your property, and not on the street, and you tell the repossession company’s agent that it is not to take your vehicle, it must leave your property. It cannot still proceed to try to repossess your vehicle. Otherwise, it would be committing an illegal trespass, as well as a breach of the peace. A breach of the peace is illegal. A repossession company also cannot damage your vehicle or any of your property during the repossession, or that would also be considered a breach of the peace

In Massachusetts, after being told to leave your property, a repossession company cannot come back to repossess your vehicle without first obtaining a court order. If the repossession company comes back to take your vehicle without first obtaining a court order, any resulting repossession is illegal.

If you feel that you are the victim of an illegal repossession in Massachusetts, please contact Rights Protection Law Group, PLLC. You can be entitled to statutory damages and possible actual damages that you might have suffered. You could also possibly be entitled to a waiver of any deficiency balance. You can also be entitled to having your attorney’s fees and costs paid.

We would like to hear your story to see if there is something we can do to help you; the consultation would be free. People may fall on hard times and fall behind in payments on a vehicle, but no one should be subjected to an illegal repossession.

The post Illegal Repossessions Of Vehicles first appeared on Rights Protection Law Group, PLLC.

Furnishers must provide complete and accurate information to the Credit Bureaus. Both Furnishers and Credit Bureaus have a responsibility to investigate consumer’s disputes of items that they believe are inaccurate on their credit report.

What If They Do Not Correct The Inaccuracies

If inaccuracies are unchanged after the dispute by the consumer, and a consumer can prove that their dispute is correct in regard to the inaccuracies, it is possible for the consumer to sue the Furnisher for providing false and inaccurate information to the Credit Bureau(s), as well as to sue the Credit Bureau(s) for not doing a proper investigation in the face of the information that was provided to it by the consumer. The federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) ensures these rights.

The consumer may recover statutory damages via a lawsuit. They can also recover any actual damages, especially if they were denied credit opportunities or received higher interest rates on loans due to the inaccurate negative information on their credit report. The consumer can also get their attorney’s fees and costs paid by the Furnisher and/or Credit Bureau(s) that is sued.

Your credit history is important, and we would love to hear your story and do a quick and free consultation to see if we can try to assist you in getting monetary damages and other relief for any inaccurate reporting and improper investigations you might be dealing with.

Contact Us For Help

If you are the victim of inaccurate credit reporting, and since disputing these inaccuracies, the inaccuracies on your credit report have remained unchanged, please save a copy of your dispute and the results of the Credit Bureau’s improper investigation, and give [nap_names id=”FIRM-NAME-1″], a call at [nap_phone id=”TOLL-FREE-CT-NUMBER-3-mobile”] or fill out our online info form.

The post Inaccurate Credit Reporting first appeared on Rights Protection Law Group, PLLC.

Here are some things that debt collectors cannot do to you:

• They cannot demand that you pay more than you owe.
• They cannot try to charge you interest, a fee or another charge in addition to the amount that you owe, unless the original contract that created the debt or the law of the state that you lived in at the time the debt was created allowed the charge.
• They cannot deposit a post-dated check that you gave them early.
• They cannot make an unauthorized withdrawal on your bank account or credit card.
• They cannot contact you by postcard.
• They cannot talk to others whom you have not authorized them to, or who are not your spouse, about the debt.
• They cannot sue you on a debt that is past the time in your state allowing them to sue you (past the statute of limitations).
• They cannot threaten you with action.
• They cannot call before 8 in the morning or after 9 at night.
• They cannot curse or insult you.
• They cannot say the papers they send you are legal forms if they are not.
• They cannot make up consequences for not paying your debt, such as that you’ll be arrested for not paying your debt.
• They cannot state that your Social Security benefits, Supplemental Security Income, veterans’ benefits and many other federal benefits will be garnished for credit card or private student loan debt.
• They cannot call you at work if your employer does not allow it and the collector has already been told this.
• They cannot call you during times that you say are inconvenient for you.
• They cannot call you while you’re at a place that is inconvenient for you.
• They cannot call you after you notify them in writing to cease calling you.
• They cannot pretend to be a lawyer or government agency.
• They cannot keep calling you if you do not owe anything anymore and you have already told them this.
• They cannot keep calling you if you have already told them that they have the wrong person that they are trying to collect from.
• They cannot lie about anything.

And many more…

Your home state might also have its own special law to protect you from debt collection harassment, in addition to the FDCPA, and it might also allow you to get some additional damages from a debt collector for any harassment you might be receiving from the collector’s illegal conduct toward you.

Contact Us With Questions

Should a debt collector treat you in any of the above ways, please contact Rights Protection Law Group, PLLC, immediately. Call us at 844-893-1006 or use our online form. While your debt does not go away if you do indeed owe it, if a debt collector has violated your rights they would then owe you monetary damages and they also would have to pay your attorney’s fees and costs.

The post Lies And Other Harassment By Collection Agencies first appeared on Rights Protection Law Group, PLLC.