Leones v. Rushmore Loan Mgmt. Servs. LLC

The Eleventh Circuit ruled in Leones v. Rushmore Loan Mgmt. Servs. LLC that information reported to the credit reporting agencies like Equifax, Experian, and TransUnion must be inaccurate in order to trigger a consumer’s rights under the FCRA for an improper reinvestigation:

Plaintiff Silvia Leones filed a lawsuit against Defendant Rushmore Loan Management Services LLC for violation of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq. Plaintiff’s amended complaint alleges that Defendant furnished inaccurate information to credit reporting agencies about Plaintiff’s mortgage account and improperly continued to do so after Plaintiff reported the inaccuracies to the credit reporting agencies and Defendant. The district court granted Defendant’s motion to dismiss, finding that the information provided by Defendant to the credit reporting agencies was both accurate and complete. After careful review, we affirm.

While inaccuracy has always been a threshold issue, it sometimes is difficult to determine what is and what is not accurate.  This is especially true in complex transactions like mortgage loans.

If you believe information on your credit report is inaccurate, please contact out office to discuss.