A mortgage servicer called a “furnisher” for purposes of credit reporting is responsible for updates to a borrower’s credit report. Many times following a foreclosure, there is a limited time for the lender to seek a deficiency judgment. Here is Florida it is one year. If a year goes by,…
Now that debt collectors are back and moratoriums are falling away, this is a good opportunity to remind Florida consumers about limitations that bind debt collectors. Basically, things they may do or say that could get them into trouble, and give you recourse to sue or settle or more favorable…
What are the most common errors on a credit report that lead to FCRA claims — and resulting damages? Status Disputes – error/inaccuracy standards which give rise to valid disputes: these are things that are factually inaccurate such as: reporting a settled account as past due/open; reporting a discharged account…
In our consumer practice, I was surprised to see that denials of life insurance or annuities are often a violation of the Fair Credit Reporting Act (“FCRA”). The medical screening reports are often ad hoc and inaccurate. If you have applied for life insurance and been denied, don’t give up. …
When you have an apartment or employment denial, you can call the numbers listed below for the screening company and request a copy of the background report: Accurate Background, Inc. – Irvin, CA 800-216-8024 First Advantage Corp. – Atlanta, GA 800-845-6004 General Info Service, Inc. – Chapin, SC 866-265-4917 ADP…
The FCRA requires that “[w]henever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.” 15 U.S.C. Section 1681e(b). That’s a high burden “maximum possible accuracy”! And it is not being…
Are you looking down the barrel of an arbitration clause in your consumer/creditor agreement? I’ve posted before (Arbitration Clauses in Consumer Contracts – How to Avoid Being Thrown out of Court) on some local case law here in Florida to help avoid arbitration clauses – but here’s a new case…
It’s very easy to file an online or even phone dispute with a credit bureau. It’s fine to start a dispute in this manner. However, to ensure that all parties are required to investigate the dispute and update the consumer’s credit report, it is important to provide notice to the…
Many of our clients are getting their feet back under them now from the bankruptcies and foreclosures of the past few years. In our efforts to help them improve credit scores, we often will see an old creditor which reports a debt inaccurately after its been sold or transferred to…
What happens to the original debt when a consumer files an unlawful debt collection lawsuit? Sometimes the creditor will file a counterclaim to force the underlying debt to judgment in an effort to turn the tide in favor of the debt collector. Fortunately, in the Middle District of Florida there…