Reseller Liability: Consumers’ Rights and Remedies under the FCRA

The Fair Credit Reporting Act (FCRA) applies to consumer reporting agencies (CRAs), which includes resellers. Attendees will learn about consumers’ FCRA rights and remedies against resellers. Attendees will also learn how to issue spot for potential reseller cases and how to litigate against resellers. The presentation will discuss discovery tactics in reseller cases and litigation strategy. You will also be provided an explanation of how resellers’ data flows through to Fannie Mae’s and Freddie Mac’s automated underwriting systems and be provided a brief update on the status of past and pending litigation involving consumers’ claims against Fannie Mae for violations of the FCRA.

If you are filing FCRA cases against furnishers and CRAs, but you have not litigated against resellers, then you won’t want to miss out on this opportunity to learn how to better serve your clients and pick the right reseller case.

What You Will Learn

• Resellers’ duties under the FCRA
• Remedies for resellers’ noncompliance with FCRA
• Litigation and discovery strategy
• How credit data flows and is integrated into Fannie Mae conventional mortgage loans and pending claims against Fannie Mae in FCRA litigation

Speakers

Micah Adkins has focused exclusively on representing identity theft victims and consumers with credit report or background report errors since 2011. He is licensed in Alabama, Tennessee, and Texas, maintains offices in all three states, and represents clients across the South. Micah also regularly co-counsels with NACA lawyers on a collaborative and referral basis.

Paul Mengedoth was a mortgage loan originator and post-closing mortgage analyst for a large mortgage lender prior to law school. For the first seven years of his law practice, he primarily represented creditors on consumer financial services regulation, compliance, and litigation defense. For the last fourteen years, he has solely represented consumers to champion their individual and class claims against creditors and debt collectors/furnishers, credit reporting agencies, and resellers. He is co-counsel on a number of pending individual and class action cases brought under the FCRA against Fannie Mae for its transmission of inaccurate information about potential borrowers through its automated underwriting system.