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 email@example.com.