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...Read More

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...Read More

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...Read More

Congress has recently conducted hearings on changes to certain banking regulations that could impact the liability Equifax, Experian, and TransUnion under the Fair Credit Reporting Act and other federal laws.  Some interesting quotes about the hearings: The changes, made public only last Wednesday, are providing new ammunition to critics of the banking legislation, which would...Read More

The Fair Credit Reporting Act requires Credit Reporting Agencies (i.e. Equifax, Experian, and TransUnion) requires that CRAs utilize reasonable procedures to ensure maximum possible accuracy of the information in a consumer’s report.  In connection, when a consumer disputes information on his credit report, the CRA must properly conduct a reinvestigation after the consumer disputes the accuracy...Read More

Robocalls are on the rise across the nation: These unwanted calls have become a widespread problem over the years, and they’re only getting worse. Last month, 4.1 billion robocalls were placed nationwide, according to an estimate from call-blocking service YouMail. That’s up from 2.7 billion in February. And Texas leads as the most robocalled state:...Read More

We posted yesterday on the NCLC’s debt verification letter recommendations.  Now we turn to the question of what debt collectors must provide in response to these requests for verification.  The FDCPA states: (b) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt,...Read More

The National Consumer Law Center has published a new article on stopping debt collector harassment on alleged debt claims.  It includes two useful templates for consumers wishing to either ask for verification from the debt collector or dispute the debt. As for verification: [Your name] [Your return address] [Date] [Debt collector name] [Debt collector address] Re:...Read More