ECOA Cases as Companions to FCRA Cases
Fair Credit Reporting Act (FCRA) practitioners are likely familiar with the frustrations of trying to ascertain FCRA damages without solid Adverse Action Notices. Violations of Adverse Action Notice requirements are…
Read MoreThe Tactical Deployment of Regulation X: Loss Mitigation in Judicial, Quasi-Judicial, and Non-judicial States
The upcoming expiration of the CARES Act moratorium on foreclosure sales and the anticipated volume of delinquent borrowers seeking mortgage assistance will present significant new challenges that consumer foreclosure lawyers…
Read MoreFDCPA & FCRA Claims after Bankruptcy
Consumer bankruptcy filings have seen a precipitous decline due to the COVID-19 crisis with chapter 13 filings down 42 percent year-over year. That is precisely why consumer attorneys need to assure their current…
Read MoreWhat to Ask When You Don’t Know: 30(b)(6) Depositions of Debt Buyers
The deposition of a debt collector is critical to an FDCPA case. It is difficult, if not impossible, to survive summary judgment without it, as most debt collectors refuse to…
Read MoreNuts and Bolts of Landlord Tenant Litigation
The COVID-19 pandemic is predicted to dramatically increase the number of tenants being evicted from their homes. Because most states ban arbitration clauses in residential leases and also provide for…
Read MoreUnderstanding the Metro 2 Reporting Format
If you are litigating FCRA cases involving the Big Three nationwide CRAs (Equifax/Experian/TransUnion) or furnishers to those CRAs, you need to understand the Metro 2 Reporting format. This is standardized…
Read MoreBackground Screening CRAs: How to Effectively Conduct Discovery and Attack the Reasonableness of the CRAs’ Criminal Record Matching Procedures
While more than 20 million U.S. jobs were wiped out in April 2020 during the COVID-19 lockdown, the unemployment rate has begun to fall in recent months as the economy…
Read MoreThe “Passive” Debt Buyer Issue
If you are suing debt buyers under the FDCPA, you need to understand the recent Circuit Court of Appeals decisions on whether these entities are debt collectors. Debt buyers are…
Read MoreFCRA 101 eCourse
According to the Federal Trade Commission, approximately 20 percent of Americans have serious mistakes on their credit reports. This impacts their abilities to purchase homes and cars and even to secure jobs. With many Americans currently and projected to be struggling to make ends meet, the need to access credit is crucial to allow families to stay in their homes and avoid car repossessions. Incorrect credit reporting makes home and car loans unaffordable to those most vulnerable. The Fair Credit Reporting Act (FCRA) delineates consumer rights regarding reporting of consumer data and responsibilities of Credit Reporting Agencies (CRAs) and furnishers to provide accurate information.
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