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Sunday, May 24, 2009

Sample FCRA lawsuits that I have handled

Below is a summary of Fair Credit Reporting Act (and some Fair Debt Collection Practices Act) cases where I have represented consumers over the past two years.

  • FCRA claim against Bank of America - filed in the United States District Court for the Eastern District of New York in September 2008; case involves the theft of the Plaintiff's identity. Identity thief opened a fraudulent checking account in the Plaintiff's name. The Plaintiff alerted Bank of America numerous times that the checking account was fraudulently opened. Despite being made aware of the fraudulent nature of the checking account, Bank of America allowed the identity thief to access the Plaintiff's legitimate home equity line of credit, stealing nearly $10,000 from the Plaintiff. Bank of America then tried to foreclose on the Plaintiff's home because of the $10,000 stolen by the identity thief.

  • FCRA claim against Wells Fargo - filed in the United States District Court for the District of Kansas in July, 2007; Case involves multiple allegations of violations of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq. committed by Wells Fargo. Wells Fargo sent a "cash and use" check to a person living in Florida with the same or similar name as our client who lives in Kansas. Our client has never lived in Florida. The Florida person cashed the check, but failed to repay the loan. Instead of collecting from the person in Florida, Wells Fargo allegedly made abusive collection attempts against our client, including reporting the erroneous debt onto our client's credit reports with Trans Union, Experian and Equifax. Despite repeated disputes to Wells Fargo and the credit bureaus, Wells Fargo allegedly refused to remove the erroneous debt from the client's credit reports, thereby violating the FCRA. Settled in September 2008.

  • FDCPA claim against Midland Credit - filed in December 2006 in Circuit Court of Marion County, Mississippi. Midland allegedly violated Fair Debt Collection Practices Act by filing a lawsuit against the client to collect fraudulent debt that, even if owed, was barred by the statute of limitations. This case was settled in July, 2007.

  • FDCPA claim against Van Ru Credit Corporation - filed December 2006 in Circuit Court of Harrison County, Mississippi. Removed to United States District Court for Southern District of Mississippi. Van Ru allegedly violated Fair Debt Collection Practices Act by repeated telephone calls to client’s job, despite client informing Van Ru that she was not allowed to receive personal calls at her place of employment. Settled in April 2007.

  • FCRA lawsuit against TransUnion - filed March 2007 in the United States District Court for the Southern District of Indiana. Case involves claims of erroneous publication by TransUnion of an account as thirty days late when in fact the account was never late. As a result, the client was charged higher interest rates on a home loan, resulting in more than $120,000 in liquidated damages. Settled in November 2008.

  • Theft of Identity FCRA lawsuit against Equifax Credit Information Services, Experian Information Solutions, Trans Union and Verizon Wireless - filed April 2007 in Circuit Court of Washington County, Mississippi. Removed to United States District Court for Northern District of Mississippi. Client is a victim of identity theft. Unknown person in Illinois used client's identity to open an account with Verizon Wireless. Despite repeated disputes, neither Equifax, Experian, TransUnion nor Verizon would remove fraudulent account from client's credit reports. Client suffered multiple credit denials, resulting in the filing of a claim under the Fair Credit Reporting Act. Settled January 2009.

  • Mixed file FCRA lawsuit against Equifax Credit Information Services - filed April 2007 in United States District Court for the Southern District of Mississippi, Southern Division. In Fair Credit Reporting Act litigation, client alleges that Equifax merged his credit file with that of his brother, causing the brother's derogatory credit to appear on the client's credit report. The client suffered multiple credit denials due to his brother’s bad credit appearing on his credit report. Settled in September 2008.

  • Mixed file FCRA lawsuit against Equifax Credit Information Services and CSC Credit Services - filed May 2007 in United States District Court for the Southern District of Indiana. Client alleges in this Fair Credit Reporting Act case that Equifax merged her credit file with that of another person with the same first and last name and a similar social security number, leading to the denial of the client's credit application. CSC, Equifax’s agent, failed to correct the errors on the client's Equifax credit report despite repeated disputes. Settled in February 2008.

  • Credit Error FCRA lawsuit against Credit Protection Association and Equifax Credit Information Services - filed May 2007 in United States District Court for District of Arizona. Fair Credit Reporting Act lawsuit arising from an account that was allegedly sent to collection in error. Client disputed erroneous collection to Equifax and Credit Protection on several occasions, yet both allegedly failed to remove the erroneous collection. Settled in January 2008.

  • FDCPA litigation against Gallas & Schultz - filed in May 2007 in Circuit Court of Forrest County, Mississippi. Gallas & Schultz allegedly violated Fair Debt Collection Practices Act by threatening to sue client on time barred debt.

  • FDCPA lawsuit against ER Solutions - filed in May 2007 in Circuit Court of Rankin County, Mississippi. Fair Debt Collection Practices Act claim arising from ER Solutions alleged violations of the FDCPA by threatening litigation against the client regarding time barred debt. Settled June 2007.

  • FDCPA litigation against Allied Interstate - filed in June 2007 in Circuit Court of Carroll County, Mississippi. Allied Interstate allegedly committed multiple violations of the Fair Debt Collection Practices Act by discussing debt with the client’s wife and parents and other third parties, as well as repeatedly calling the client at his place of employment. Settled in April 2008.

  • FDCPA Lawsuit against D.C. Brown & Associates - filed in April 2008 in the Circuit Court of Jackson County, Mississippi. This Fair Debt Collection Practices Act case involves a debt collector who allegedly threatened consumers with being arrested, having their personal property taken away and with a lawsuit over a $300 debt that was over ten years old and thus past the statute of limitations. The collection agency also allegedly cursed the Plaintiffs, calling them "lowlifes" and "deadbeats" in an attempt to embarrass them to pay this old debt.

2 comments:

  1. Trying to locate your email address, how to contact you for a possible action?

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  2. You can e-mail me at ckittell@merkel-cocke.com. Happy to help if possible.

    ReplyDelete