Recent Posts in Credit Report Abuse/Fair Credit Reporting Act Category

5 Ways the C.A.R.D. Act is Helping Consumers of Credit

On May 22, 2009, President Barack Obama signed the Credit Card Accountability, Responsibility and Disclosure Act into law. Since then, consumers have saved over 12 billion dollars, below are five ways ...
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Top Ten Consumer Frauds of 2015

The NY Attorney General published a press release listing the following top ten consumer frauds: Internet scams (i.e. privacy; consumer frauds) Automobile (i.e. buying; rental) Consumer-related ...
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Adding Inflated Debt Amounts to Credit Reports Violates the FDCPA, Holds Court

We often see collection lawyers sending demand letters for a debt that includes court-filing costs. That's problematic because New York law is clear in that certain costs are awarded only after ...
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Debt-Collector Traps: Re-aging Debts on Credit Reports

Debt collectors (includes debt buyers) often furnish information to the credit bureaus. Below are two re-aging tactics to watch out for. Re-aging is when the collector misrepresents the time you ...
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Chase to Pay $166 Million to Settle Claims of Illegal Collection Practices

We defend collection lawsuits daily. We sue collectors and lawyers for violations of the Fair Debt Collection Practices Act. But even I'm surprised that JP Morgan Chase is ensnared in this case ...
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Military Personnel Given Extra Protection Against Default Judgments

If you've served our country at any time and find yourself of the wrong end on a frozen bank account, wage garnishment, or debt lawsuit, you should investigate your rights aimed at seeking extra ...
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Identity Theft and Debt Collection Remain Highest Source of Consumer Complaints

The Federal Trade Commission reported the top consumer complaints as Identity theft and with debt collection a close second. You can see that report here. The Consumer Financial Bureau Annual Report ...
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Credit-Card Interest: The Average Daily Balance Method

Banks use the "Average Daily Balance Method" to calculate monthly interest. Your monthly average debt amount is multiplied by the APR (Annual Percentage Rate) to arrive at your new balance. ...
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Consumer Credit Protection Act: The Langel Firm, Private Enforcer

Now's a good time for a bird's eye view of the Consumer Credit Protection Act, enacted in 1968, which contains a "package" of federal Acts that operate to protect consumers in the ...
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Pressure by NY Attorney General forces improvements to credit reporting

Consumer Reporting Agencies (Equifax, Experian, Transunion) have promised New York Attorney General, Eric Schneiderman, to improve the credit-reporting dispute process and give more time to repay ...
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United Recovery Systems, LP Loses Motion to Dismiss for Failure to Prove "Permissible Purpose" to Access Consumer's Credit Report

This case [1] highlights a debt collector's need to possess a "permissible purpose" before accessing and using a consumer's credit report for purposes of collecting a debt. A ...
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Class action against LVNV Funding, Resurgent, and Mel S. Harris Survives Dismissal Motion

In Fritz v. Resurgent Capital Services, LP, [1] the plaintiffs in a class action assert claims against Resurgent Capital Services, LP, LVNV Funding, and Mel Harris, et al. for alleged violations of ...
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Proposed Debt Collection Regulations Expected to Strengthen Consumer Rights in New York

Last month, the New York Department of Financial Services announced proposed regulations that are designed to provide heightened protection for New York consumers against rampant abusive debt ...
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The 7-Year Issue: Debt Collectors, Original Delinquency Dates, and Your Credit Report

In this profession, we deal with many debt-buyer cases where the original creditor has very limited involvement. Many debt buyers purchase old debts where the original creditor fails to provide ...
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Class Action Accused North Star Capital Acquisition of Abusing Legal Process with Deceptive Stipulations Sent with Initial Complaints

New York-based debt buyer, North Star Capital Acquisitions, failed to convince a federal court that its practice of sending consumers, with its initial complaint, a "Stipulation for Entry of ...
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Debtor Sues Arrow Financial Services, LLC for Furnishing Negative Marks to Credit Bureaus without First Validating a Disputed Debt

In Purnell v. Arrow Financial Services, LLC (6 th Cir. 2008), Illinois-based debt buyer, Arrow Financial Services, was sued for continuing to furnish a disputed collection account to the credit ...
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When can Debt Collectors Use my Credit Reports without my Express Permission?

The Fair Credit Reporting Act (FCRA) governs the circumstances under which Credit Reporting Agencies ("CRAs") may release credit reports, [1] as well as the circumstances under which users ...
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Debt Collector Placing False Information on your Credit Report? Punitive Damages May be Available under the Fair Credit Reporting Act.

We know that a debt collector's communication of false information to the credit bureaus is a violation of the Fair Debt Collection Practices Act § 1692e(8). But your monetary recovery is ...
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Are they "Trick Questions" or Valid Inquires? Debt Collectors Beware!

In a recent audio blog post on insideARM.com titled Do Consumers Really "Trick" Debt Collectors Into FDCPA Violations, two attorneys argued that some questions are designed to ...
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What constitutes a "dispute" sufficient to invoke your right to compel a creditor to notify the credit bureaus that a debt is indeed disputed?

Generally speaking, as a consumer debtor, you have a claim against any debt collector that knowingly communicates false information to the credit bureaus. But a debt collector has the additional ...
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Study finds more than half of all who complained to FTC of credit reporting errors were unable to persuade credit agencies to correct the mistakes

Ohio newspaper The Columbus Dispatch has just published, in a four-day series, the results of its year-long investigation of complaints against the three major credit-reporting agencies in the US ...
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$723,000 jury verdict sticks against Midland Credit Management, Inc.

After a contentious trial [1] , a jury awarded a consumer $100,000 in actual damages and $623,000 in punitive damages for Midland Credit's "willful noncompliance" of its duties under ...
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