Written By ESR News Blog Editor Thomas Ahearn
On May 23, 2017, a consumer filed a complaint in the U.S. District Court for the Western District of Louisiana against two of the three major credit reporting agencies claiming “she was damaged because her credit report was not updated per her request,” according to a report from the Louisiana Record.
The Louisiana Record reports plaintiff Kellee Trahan claims in her complaint that Equifax Information Services LLC and TransUnion LLC – as well as Lake Area Collections LLC, Afni Inc., and Transfinancial Cos. Inc. – violated the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA).
The Louisiana Record reports the plaintiff claims she “suffered emotional and economic damages, loss of credit, undue stress and anxiety and was forced to refrain from applying for new credit” and requests a trial by jury to seek “statutory, actual and punitive damages, costs, interest and attorneys’ fees.”
The plaintiff also claims the “the defendants allegedly failed to remove the dispute language in her credit files per request, which misrepresented the status of her alleged debts, and failed to conduct a proper investigation.” The complete story from the Louisiana Record is available here.
The Federal Trade Commission (FTC) – the nation’s consumer protection agency – enforces the FDCPA, which prohibits debt collectors from using abusive, unfair, or deceptive practices. The FTC also oversees the FCRA, which protects consumers from inaccurate data in credit reports., with the Consumer Financial Protection Bureau (CFPB).
As reported by ESR News in May 2017, the U.S. Court of Appeals for the Fourth Circuit decided a claim that Experian – the third major credit reporting agency – violated the FCRA by listing a defunct company on a credit report failed to establish a “concrete injury” under Article III of the U.S. Constitution.
The Fourth Circuit Court of Appeals cited the Supreme Court decision in Spokeo, Inc. v. Robins – where a lawsuit was filed over inaccurate information published online – that a plaintiff cannot “allege a bare procedural violation, divorced from any concrete harm, and satisfy the injury-in-fact requirement.”
NOTE: Employment Screening Resources® (ESR) reminds readers that allegations alone made in class action lawsuits are not proof that a business violated any law, rule, or regulation.
MORE INFORMATION ABOUT CREDIT REPORTS FROM ESR
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