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By Ed Boltz, 12 December, 2021

E.D.N.C.: Harris v. Piedmont Finance CNAC- Statute of Limitation for FCRA and Arbitration

Summary:

By Ed Boltz, 11 December, 2021

M.D.N.C.: Thomas v. Equifax Information Services, L.L.C.- Causal Nexus for FCRA Action

Summary:

By Ed Boltz, 19 March, 2021

W.D.N.C.: Manos v. Freedom Mortgage- Credit Reporting of Late Mortgage Payment

Summary:

The online payment website for Freedom Mortgage will not accept payments made after 11:00 p.m., in order to allow its cash department to process payments received that day. If a borrower attempts to pay after 11:00 p.m., an error message pops up and the borrower is required to postdate the payment to the next day.

By Ed Boltz, 28 February, 2021

News: Credit Invisibility and Chapter 13

Questions about the fairness of the current credit reporting system have recently started to take new prominence with the National Consumer Law Center releasing a report The Credit Score Pandemic Paradox and Credit Invisibility and blog posts on Creditslips.org offering policy solutions in Addressing Credit Invisibility Through Federal Contracting Power.

By Ed Boltz, 9 October, 2018

W.D.N.C.: Hinkle v. Experian Information Systems & E.D.N.C.: Danehy v. Transunion- Motion to Dismiss FCRA Complaint for Failure to Provide Consumer File

Summary:
In two nearly identical cases, pro se consumers brought suit pursuant to 15 U.S.C.  § 1681g(a)(1),  alleging that Experian Information Systems (“EIS”)and/or Transunion were credit reporting agencies under the Fair Credit Reporting Act and that both had, despite specific requests, only provided copies of their credit report and not their entire credit file, based on a belief that information regarding credit reporting hacks and identify disclosures were contain in the more complete file.  In both cases the defendants brought M
By Ed Boltz, 16 November, 2017

E.D.N.C.: Myrick v.  Equifax- Duty to Investigate Credit Report Dispute and Bankruptcy Discharge

Summary: Mr.  Myrick brought suit against Equifax under the FCRA for willfully failing to verify the discharge of a debt in his Chapter 7 bankruptcy.   In light of Daughterty v.  Ocwen Loan Servicing, the district court reconsidered its
By Ed Boltz, 27 August, 2017

4th Circuit: Daughtery v.  Ocwen Loan Servicing- Evidence and Excessive Damages for FCRA Violations4th Circuit: Daughtery v.  Ocwen Loan Servicing- Evidence and Excessive Damages for FCRA Violations

Summary: The Daughterys purchased their home in 1999, with a 15-year balloon note payable in July 2014 in the amount of $82,666.36.  In 2012, the Daughterys had fallen $6,128.39 behind on the regular payments and Ocwen, who had become the mortgage servicer after the first default by the Daughterys, commenced foreclosure, reporting accurately the delinquency and foreclosure proceeding.
By Ed Boltz, 8 August, 2017

E.D.N.C.: Myrick v.  Equifax- FCRA Dispute Resolution and Bankruptcy Discharge

Summary: Following the entry of a discharge in 2011 of his Chapter 13 case, First Federal Bank (“FFB”) continued to report on Mr.  Myrick’s credit report with Equifax that he owed an outstanding balance of $41,603 that was past due by $2,000.  In November 2014, Mr.  Myrick submitted a dispute with Equifax regarding this balance, raising his bankruptcy discharge.  Equifax sent a Automated Consumer Dispute Verification (“ACDV”) to FFB, which responded that the balance information was correct.  Later in February 2015, Mr.
By Ed Boltz, 17 November, 2015

4th Cir.: Kingery v. Quicken Loans- Use of Credit Score in Denial of Loan

Summary: Ms. Kingery applied to Quicken Loans for a loan to refinance her home mortgage and gave permission for it to retrieve her credit reports. On May 3, 2010, Quicken Loan retrieved her tri-merge credit reports, which showed her credit scores and also that foreclosure had been commenced against her home. Based on the pending foreclosure, as shown by manually entered notes, Quicken Loans denied her refinance request. Subsequently, Quicken Loans transferred Ms. Kingery to its credit repair program. When that was unsuccessful, Quicken Loans sent Ms.
By Ed Boltz, 12 August, 2014

M.D.N.C.: Nance v. Citimortgage- Causes of Action following Illegal Foreclosure

Summary: Despite being provided with evidence in the form of cancelled checks and insurance policies showing that they were not delinquent in their mortgage payments, Citimortgage commenced foreclosure against the Nances.  After refinancing their house, the Nances brought suit against Citimortgage alleging, among other causes of action,  unfair and deceptive trade practices, negligent and/or intentional infliction of emotional distress, defamation and negligent and/or intentional damage to credit report.  Citimortgage moved to dismiss. As to the unfair and dec

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