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Monday, August 31, 2009

Mixed file case against Equifax settled today!

I reported on a mixed file case against Equifax back in June. The case involved Equifax mixing the credit files of Robyn Mueller and her twin brother Robert Mueller. Unfortunately for Robyn, Robert's credit was not so good. As a result, Equifax's inclusion of her brother's credit on her credit report caused Robyn to be denied credit, including a home loan. The link to my previous report is here - http://fcralawyer.blogspot.com/2009/06/article-about-yet-another-case-where.html.

Shortly before the Altanta Journal-Constitution (and I) reported this story, Robyn's attorney Steve Koval brought me in to help him on the case. I am glad to report that the case settled today for a confidential sum from Equifax, including an apology to Robyn from Equifax's attorney Lewis Perling. The settlement occurred after a six hour court ordered mediation before Magistrate Judge Cole in Gainesville, Georgia.

Equifax was accused of violating 15 U.S.C. 1681e(b)'s requirement to follow reasonable procedures to assure maximum possible accuracy of the credit reports Equifax generated regarding Robyn. Equifax was also accused of failing to perform reasonable investigations of Robyn's disputes, which Equifax was required to perform by 15 U.S.C. 1681i. Amazingly, Equifax's own furnishers repeatedly told Equifax to delete Robert Mueller's accounts from Robyn's credit report, yet Equifax simply failed to delete the erroneous accounts. Also, in the few instances where Equifax did delete the erroneous accounts, Equifax reinserted many of those accounts on Robyn's credit report without informing her of the deleted accounts' reinsertion. Such failure to notify of reinsertion is another violation of 15 U.S.C. 1681i.

If anyone reading this post is a victim of a mixed file (regardless of which credit bureau is doing the mixing), please feel free to contact me for advice or representation. You may contact me by posting a comment to this blog or directly at ckittell@merkel-cocke.com.

4 comments:

  1. I'm dealing with one now and it's ruining my credit! I've filed a motion with the Attorney General as well. Glad you were able to help the people above!

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  2. You probably need a private attorney to represent you against whichever credit bureau is mixing your credit with someone else's. Feel free to contact me via e-mail to ckittell@merkel-cocke.com and I can either help you out or refer you to someone in your area that can.

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  3. I just found about this and it is a real pain. I wanted to apply for a student credit card to start making credit and was denied by my bank. I found out that two of the credit bureaus mixed me and my father up.Both asked me to send them in fo and I did. One of the bureaus fixed it and Equifax has not. They said they needed to verify who I was and to send them info so I did then they said the info I provided was not what they have on file(of course not because that is not me. It said to send them more proof and letter of how I came to realize the mistake and so I did. Now I received another letter just like the first one. What would you advice me as this is becoming a real pain and with no credit I can not really do much.

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  4. I can probably help you. Please e-mail me directly at ckittell@merkel-cocke.com. Thanks.

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