Julian Ayrs & Pop Culture

TransUnion…Experian & Equifax (defendants) settle class-action suit! Violations of FCRA…

Posted by: Julian Ayrs on: October 22, 2009

 

Three credit bureaus in the United States are being dinged big-time for ignoring consumer complaints about errors on their credit reports and violating the Fair Credit Reporting Act.

When the news swept across the country that a class-action suit rustled up a proposed settlement for damages in recent days, cheers went up from every quarter of the consumer landscape.

If you’ve ever encountered an error on your credit report and attempted to resolve the issue with one of the three major credit reporting agencies - Experian, Trans Union, and Equifax - you know what a nightmare that experience can be.

There may be a seemingly endless round of letter-writing to one (or all three) of the credit bureaus – followed by a nasty barrage of requests from the bureau in question for proof of identification – and a demand for signed affidavits that attest to the truthfulness of the facts, for starters.

Meanwhile, the black mark on the credit report may unjustly continue to hound the individual relentlessly from one credit grantor to the next until the frightful issues are resolved in the debtor’s favor.

All of these nefarious practices screeched to a halt, however, when the aforementioned class-action suit was filed in a Federal District Court with jurisdiction over the matter.

In – White et al. v. Experian Information Solutions, Inc. – the plaintiffs alleged in their cause(s) of action that all three credit bureaus (Experian, Trans Union, Equifax) violated the Fair Credit Reporting Act (and state laws) when they continued to report consumer debts past due and delinquent  – in spite of the fact – said financial obligations were discharged in Chapter 7 Bankruptcy proceedings.

A settlement fund in the sum of $45 million was negotiated for the express purpose of compensating individuals so situated in the form of damage awards to be based on a set of criteria approved by the court

A consumer is eligible for benefits if  he or she received a Chapter 7 Bankruptcy discharge and a credit report issued by the defendants between March 15 (2002) and May 11 (2009) (or, for California Residents in the case of  TransUnion, between May 12 (2001) and May 11 (2009) contained debts, accounts, judgments or other obligations discharged in a bankruptcy action that were not reported  as “discharged”.

Consumers may choose from two options when filing their claims for damages.

The amount  of the subsequent award(s) will depend on the number of class members making a claim.

Claims must be submitted (and postmarked) to the address below no later than November 30, 2009.

Information

White et al. v. Experian Information Services, Inc.
c/o The Garden City Group, Inc.
PO Box 9517
Dublin, OH43017-4817

 

5 Responses to "TransUnion…Experian & Equifax (defendants) settle class-action suit! Violations of FCRA…"

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I have been denied credit cards by, Wellsfago Banks in the past four years . Also I have had to accept much higher interest rates for a car loan because of my bankruptsy .
After five years, I still can not get a credit card . Carol Wrenn 206-679-1242

unfortunately, after the death of my first husband suddenly I had to file chapter 7 bankruptcy. I did not want to do it but I still had a child to raise; but I did re- affirm with several companies that I owed. That was in 1994. Later I re married and wanted to buy a home but figured I would not be able to but it turned out that I had rebuilt my credit enough so that my income could be combined with my husband’s to get a loan and at a lower interest rate. In fact, I was told at the time that my credit was not that bad after rebuilding and of course I did have to write a statement to the bank financing the loan why I did file bankruptcy. We bought a house in 1999; in 2002, when Interest rates dropped, we went to refinance so that we would save abt. $100 per month on our house payment; when the loan officer ran my credit report right in front of me; he stated, “I don’t see how you even got a house; it says you have been late on an account 22 times out of the last 24. I was in total shock but because of some stupid law he could not even print out a copy for me. I got a copy myself and sure enough there it was; and I could not for the life of me figure it out at first. I found that there was an account on there I had never heard of; now mind you this is by this time 8 years after the bankruptcy. I pulled out all of my records and the only way I found anything about it on my records was by account numbers. Here is what happened the bank that the debt was discharged, sold or was bought by Fleet bank and they had that I owed Fleet; so anyway I worked for weeks getting all my ducks in a row; I checked every account on my report so that I would report all mistakes at once; but now here is the really bad part, because of that being on my report when we tried to refinance, in order to do so, my name had to be taken off my own house mortgage, and they could only use my husband’s income to refinance.. because of the FCRA’s and the BANK’s that either do not check, or the bank they buy does not bother to let them know which accounts had been discharged, I lost rights to my house. I have been upset about this for years and yes, I filed bankruptcy and I know some people look at people who do that like they are terrible but at least when I did it I did follow the law. These sleazy, slimy, FCRA’s especially Equifax, who pride themselves on being right all the time, did not follow the law. I sent the errors to all the major FCRA’s and two of them removed the bad info right away although it was too late for the refinancing; but Equifax refused; in fact, they just wrote, that the Fleet account was included in a bankruptcy but still had that I was late 22 times; I never had a Fleet Account. I called and called and finally got a representative who would not or could not understand what I was saying so I asked for a supervisor. I held on; the Rep came back and finally told me the Supervisor would call me back because she was busy at the moment. She never called.
I think there should be a law that when someone tries to report any negative info to any F.C.R.A. about a person, that person needs to be notified before it gets put on their credit report, and they should be given 30 days to respond to show that it is in error, that way more consumers have the chance to stop it in it’s tracks before they are ruined; not just people like me that have filed bankruptcy but people that have never missed a payment and then wrong info gets put on. They need to have a law like that and then if the person proves the info in error let the F>C>R>A>’s charge the people that tried to put it on someone’s account; maybe then the banks and collection agencies will stop and check things out before they ruin othe people’s lives. I reported abuse about Equifax in particular but it has taken seven years for them to even get a class action law suit against ; when I called I was told they could not do anything about it until more people complained. The largest amount that is being offered to anyone who has been denied credit for their mistakes is $750, which is nothing, compared to taking someone’s house using wrong information and yes, sure, I could have waited and then we would have lost the savings of the $100 per month we saved by having my husband refinance on his own. Now, I basically just have dower rights and the bank will not even talk to me about the house even though the payment is being withdrawn automatically from a joint account with my name on it. They are getting off easy, too easy. We really need to suggest some change like I mentioned to the Congress if they will even listen. Why should we suffer because of the incompetence of the F.C.R.A. employees, or because of fraud one bank commits against another by not even telling them about discharged accounts, or just the fact that the new owner of the accounts will try to get the money even if they know they should not be putting that on someone’s credit report.

Dear Roberta:

Sorry to hear about your problems.
Thank you for taking the time to share your thoughtful comments with my readers here.
Remember, tomorrow is a NEW day. Make the most of it.
Happy Thanksgiving.
Julian Ayrs

Thank you Julie for such kind words. I did not mean to go on and on
but unfortunately so many people suffer and I do think that before negative things are put on someone’s report they should be notified; not after; after it is too difficult to get off of a report.
I will have a nice day tomorrow and I do hope you and everyone
else does too.
Thank You
Roberta

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