Equifax is being sued for mixing the credit file of one man with the credit file of the man's father.

Equifax is being sued for mixing the credit file of one man with the credit file of the man's father.

Equifax is being sued for violated in Fair Credit Reporting Act

Earlier this year, Cento Law filed a complaint against Equifax for mixing the credit report of the plaintiff with information belonging to the plaintiff's father.

The plaintiff was first alerted to the mixed credit file when he was eighteen years old. At the time he was living at his parents and working. The alert came when he received a letter that was attached to his paycheck. The letter was from a county auditors office and its purpose was to inform the plaintiff that his wages were going to be garnished due to unpaid property taxes. Eventually the plaintiff learned that the property taxes in question were actually taxes levied against a man that he shared the same name with, his father.

As time went by, plaintiff was able to obtain a loan for a vehicle. He paid his loan on time with the hope of creating good credit. Two years later...

Former Business Owner Brings Lawsuit Against First Data Global Leasing for Inaccurate Credit Reporting

Cento Lane has filed a lawsuit on behalf of a former business owner who used First Data Global Leasing merchant services. The lawsuit alleges violations of the Fair Credit Reporting Act against First Data. The lawsuit alleges that even though the former business owner never signed a personal guaranty for First Data's services, First Data reported the account to Trans Union, Equifax and Experian

Court Certifies Class Action Against Equifax

Plaintiff in a class action lawsuit filed against Equifax in Virginia has successfully obtained class certification of her claims. The lawsuit alleges that Equifax misreported the status of certain state court judgments. The certified class consists of consumers who told Equifax of a disposed state court judgment before Equifax published an inaccurate report between February 2008 and February 2013.

Experian Ordered to Produce Consumer Disclosures in Native Format

On July 2, 2013, a Indiana consumer filed suit in federal court against Experian and Green Tree Servicing, LLC for neglect and willful violations of the Fair Credit Reporting Act (FCRA). The case is currently in the discovery stage. During the discovery stage, each side is allowed to conduct depositions, request relevant documents, ask interrogatories, and/or serve admissions. In this case, as the discovery was unraveling, Plaintiff requested specific documents from Experian their native format. Experian objected and drove Plaintiff to file a Motion to Compel with the Court.

Employer Agrees to $3M Employment Background Screening Class Action Settlement

K-Mart, in Pitt v. K-Mart Corp., Case No. 11-cv-00697, has reached a $3 million settlement in a class action lawsuit pending before the U.S. District Court for the Eastern District of Virginia. The class consisted of more than 64,000 job applicants who sued K-Mart for violations of the Fair Credit Reporting Act (the “FCRA”).  Specifically, Plaintiffs alleged they lost out on jobs without having a chance to challenge negative information reported to their prospective employers in background checks and that K-Mart failed to notify the job applicants they were rejected for employment because of the background checks.

Class Action Suit Against Experian & CSC

Indiana Consumer Files Class Action Suit Against Experian and CSC | Challenging the Accuracy of Bankruptcy Credit Reporting 

Today, Cento Law, along with Eric Pavlack, filed a class action lawsuit against two consumer reporting agencies, Experian Information Services, Inc. and CSC Credit Services alleging numerous violations of the Fair Credit Reporting Act. In the suit, Plaintiff alleges the consumer reporting agencies inaccurately reported her bankruptcy on her credit report as dismissed when it was in fact withdrawn and failed to report that her bankruptcy was withdrawn before any bankruptcy plan was approved.  Earlier this year, Plaintiff filed a similar lawsuit against Trans Union, LLC.

If you have any questions regarding this lawsuit, then please feel free to contact us.

May a consumer claim defamation against a furnisher of inaccurate credit information?

The following is a summary of a recent federal court ruling addressing this question:

In Longman v. Wachovia Bank, the Connecticut District Court held that the consumer's state law defamation claim was preempted by the Fair Credit Reporting Act (the "FCRA").  The consumer had alleged Wachovia defamed him by falsely reporting information to the consumer reporting agencies (the "CRAs") related to a three-year balloon lot note which he had obtained to finance a land purchase from Wachovia.  The Court found, among other things, that Section 1681t(B)(1)(F) of the FCRA expressly preempts the application of state law regarding any matters regulated by Section 1681s-2.  The Court reasoned that because the consumer alleged Wachovia reported this false information to the agencies, he was necessarily asserting a violation of Section 1681s-2, the Section of the FCRA which in part governs the reporting of information to the CRAs.

Therefore, according to this Connecticut District Court a consumer may not claim state law defamation against a furnisher of inaccurate credit information since that claim would be preempted by the FCRA.

HOWEVER, all is not lost. To sue a furnisher for reporting inaccurate information on your credit report, you simply need to dispute that information through the credit reporting agencies.  And then, if the inaccurate information is not corrected, you may file suit under the FCRA. 

Mixed Credit Files - The Case of Angela Williams

Angela Williams filed a lawsuit against Equifax alleging that her Equifax credit report included more than two dozen negative accounts which did not belong on her credit report. The negative accounts actually belonged to another consumer named Angelina Williams. In addition to sharing almost identical names, Angela and Angelina also shared another important similarity - their social security numbers were almost identical except that the last two digits were reversed. Angela sent numerous disputes to Equifax trying to correct its reporting over a period of more than a decade. From time to time, Equifax would remove some of the inaccurate accounts from her credit file but those accounts would later appear in other versions of her credit report. Often times, when Angela would request a copy of her credit report, Equifax would return only incomplete credit reports since Equifax's database had created many different credit files for Angela; sometimes those files were put together into one report and sometimes they were not. As a result of this inaccurate reporting, Angela alleged she was repeatedly denied credit. In November 2007, Angela's case made its way to a Florida jury who entered a verdict in her favor and against Equifax for $219,000 in actual damages and $2.7 million in punitive damages.

Connecticut Complaint Against Trans Union For Mixing Credit Files

On August 1, 2011, Ralph C. Neclerio, Jr., a resident of Connecticut, filed suit against Trans Union, LLC alleging that Trans Union has been mixing Neclerio's credit file with his father's credit file since at least 1999.  Neclerio is represented by attorney Ian Lyngklip. In particular, Neclerio's Complaint alleges that:

  • This case arises as a result of the continued refusal of Trans Union to resolve the persistent appearance of credit data concerning Mr. Neclerio’s father – also named Ralph Neclerio – on Mr. Neclerio’s consumer reports.