The Middle District of Florida recently explained what information plaintiffs must provide in their complaint when alledging violations of the Fair Credit Reporting Act.  In Okereke v. Experian Info. Sols., Inc., No. 8:18-cv-1347-T-24 AAS, 2018 U.S. Dist. LEXIS 186055 (M.D. Fla. Oct. 31, 2018), the furnisher of the information, Wells Fargo, argued: Wells Fargo argues that […]

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

A Court in the Southern District of Texas released an lengthy Fair Credit Reporting Act opinion recently in Clements v. TRANS UNION, LLC (Civil Action No. 3:17-CV-00237).  The case involved: Plaintiffs … claim Trans Union and Experian (collectively, the \”Credit Reporting Defendants\”) reported old and obsolete information on credit reports about delinquent accounts Plaintiffs previously had

The Sixth Circuit Court of Appeals recently explained inaccurate or incomplete information in FCRA claims arising out of a home loan modification situation.  As a threshold matter, consumers must show the information in his or her credit file is inaccurate or incomplete.  In Pittman v. Experian Info. Sols., Inc., No. 17-1677, 2018 U.S. App. LEXIS 23775

The Eleventh Circuit recently upheld a $3,506,000 jury verdict in a wrongful foreclosure case out of the Middle District of Georgia.  The jury awarded $6,000 for economic injury, $500,000 for emotional distress, and $3,000,000 in punitive damages.  In the decision, McGinnis v. Am. Home Mortg. Servicing, Inc., No. 17-11494, 2018 U.S. App. LEXIS 23596 (11th Cir. Aug.

Wells Fargo, one of the largest financial institutions in the world, had a computer problem which led to at least hundreds of homeowners being denied loan modifications: The bank said in a filing Friday the error caused about 625 customers to be denied, or not offered, loan modifications they otherwise qualified for. Foreclosures were completed

A Court in the Northern District of Texas issued a new opinion on FCRA preemption of TDCA and DTPA claims when the company provided false information to the credit bureaus (like Experian, Equifax, and TransUnion).  In Seelbach v. Ditech Fin. LLC, Civil Action No. 3:17-CV-3386-D, 2018 U.S. Dist. LEXIS 121006 (N.D. Tex. July 19, 2018), the

In the newest article, the National Consumer Law Center provides advice for homeowners that need to get a lower monthly mortgage payment.  One of the most frequent questions we get is about HAMP modifications.  As explained in Morris v. BAC Home Loans Servicing, L.P., 775 F. Supp. 2d 255 (D. Mass. 2011), HAMP is: …\”a national

A consumer in Ohio received a favorable decision from an Ohio Appeals Court where it upheld a jury verdict: Williams v. Sharon Woods Collision involved a 2010 Nissan Maxima that plaintiff Jeremy Williams brought to Sharon Woods Collision for a repair in 2012. … The jury found in favor of Williams on both of his CSPA claims. It

SUBCHAPTER E. DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION Sec. 17.41. SHORT TITLE. This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act. Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973. Sec. 17.42. WAIVERS: PUBLIC POLICY. (a) Any waiver by a consumer of the provisions of