Tips for Boosting your Credit Score before Applying for a New Apartment

When getting a new apartment, you are required to do a lot of paper work. Luckily, most apartment applications occur online, especially since the onset of the coronavirus pandemic. Landlords and property management companies will still ask that you provide personal information so that they can conduct a thorough credit and background check. 

Different states, cities, and apartment complexes will have different requirement, but most rental applications will request similar information for each applicant, so that they can verify your identity and your ability to pay rent. This typically includes information such as: personal contact information, social security number, current and previous addresses, employer information with proof of income, emergency contacts, and vehicle information. 

Even though it is all basic information, rental applications can still be extensive. Once everything checks out - meaning you have a clean criminal record, a good rental history with no evictions, and have proof that you can afford your new place - a new home will await for you on the other side. 

To help you obtain a new home here are a few wats you can manage and maintain your credit score to amaze your potential landlord:

Know what is on your credit report ahead of time

It is reassuring to know what your prospective landlord will be seeing when they run a credit check. Before your apartment hunt visit AnnualCreditReport.com and download your free credit report from each of the three main credit bureaus: Experian, Equifax, and TransUnion. You can download your credit report weekly for free through April 2021. (This is typically annually)

Once you download your reports, it is vital that you review them carefully. If you have student loans, or any other credit balances, it should come as a surprise to find them on your report. You will also be able to see your credit score. 

You want to look out for negative marks that you may not have known about. If you see something that is inaccurate or an error, make sure you dispute the errors right away. It is better to send a letter by certified mail rather than using their system so that you have the comfort of knowing a real person is looking into the issue and you can verify that they received the dispute.

Improve Your Credit Score

The best way to prime your credit score, is to first know how it is calculated. The most popular is the FICO score model that looks at five key factors:

• Payment History (35%): Whether you have paid past credit accounts on time. 

• Amounts Owed (30%): The total amount of credit and loans you are using compared to your total credit limit, aka your utilization rate.

• Length of Credit History (15%): The length of time you have had credit. 

• New Credit (10%): How often you apply for an open new accounts. 

• Credit Mix (10%): The variety of credit products you have, including credit cards, installment loans, finance company accounts, mortgage loans, etc. 

To boost your credit score quicker, pay off as much credit card debt as soon as possible without completely draining your cash reserves. Do this more than 30 days before you apply so that your credit score can refresh. 

Finances

You will be asked to provide proof of income when you apply for your new apartment, which is typically your pay stubs and/or tax returns. In addition you should also be prepared to provide statements for both your checking and savings accounts. It is always good to make sure you have proof that you have savings set aside for your security deposit and incidentals like facility fees, parking fees, and maintenance fees. 

 Be Weary of New Credit Inquires

If you can avoid it, don’t apply for any new credit cars, auto loans, or any other kinds of credit products right before you apply. When a lender performs a credit check, it leads to a “hard inquiry” into your credit history. Hard inquiries appear on your credit reports that are pulled by the lender and may results in a temporary decrease in your credit score. While the decrease is usually insignificant, around five points, it can send red flags to the potential landlord. 

Build Up Your Savings

Before moving into your new place, prepare for your increased cost of living. If you have the ability to live rent-free with a family member, take advantage! Every month, or even better, every week, set aside what money you would be spending on rent. After a few months you will build up a nice emergency fund. 

These are just a few helpful tips to get you ready for your move! If you are denied, check over your report for inaccuracies. If you need help, contact us for a free consultation

Employers and Background Check Firms are still targets of FCRA Lawsuits

There is a continuation of class action lawsuits going against employers and background check firms that claim alleged violations of the federal Fair Credit Reporting Act (FCRA) in 2020. This is despite the ruling against Spokeo v. Robins by the Supreme Court that led to some cases being dismissed.

Spokeo, Inc. v. Robins was a United States Supreme Court case decided in May 2016, in which the Court vacated and remanded a ruling by United States Court of Appeals for the Ninth Circuit on the basis that the Ninth Circuit had not properly determined whether the plaintiff has suffered an "injury-in-fact" when analyzing whether he had standing to bring his case in federal court. 

A national policy resource center compiled an examination of 146 successful FCRA class action lawsuits. They found that employers have paid out approximately $174 million over the past decade to settle claims they violated according to the FCRA. According to background check firms that provide background checks about job applicants to employers, reports that employers have paid out another $152 million when sued directly under the FCRA . Class action lawsuits that claim violations of the FCRA, including small technical violations of statute are costing employers big time. 

In just 2018 and 2019, The employers such as: 7-Eleven paid $1.9 million, Delta Air Lines paid $2.3 million, Omincare paid $1.3 million, a subsidiary of PepsiCo paid $1.2 million and Frito-Lay Inc. paid 2.4 million to settle the class action lawsuits over alleged violations of the FCRA. 

Consumer Reporting Agencies (CRAs) such as TransUnion, Equifax, and Experian - who are background check providers - also had to pay out money due to these FCRA lawsuits. A government agency that enforces the FCRA - the Consumer Financial Bureau (CFPB) - required a CRA to pay $8.5 million to resolve an FCRA lawsuit, while a federal judge in Florida approved a $3.6 million settlement in a FCRA class action lawsuit that was filed against another CRA. 

The Supreme Court ruling in May 2016, Spokeo v. Robins, caused some FCRA class action lawsuits to be dismissed or decertified. One example includes a man who filed a lawsuit when he found that a “people search website” obtained inaccurate information about him. Found consumers must prove that there is “an injury in fact” in lawsuits for alleged “bare” violations of federal statures to establish standing under Article III of the United States Constitution. 

In the Spokeo case, the Supreme Courts decision did not allow employers to relax their obligations or ignore the technicalities of the FCRA. Employers must always ensure that they are compliant with the obligations stated by the FCRA and must work with background check providers that understand the FCRA inside and out. 

Employers and CRA’s are encouraged to use Employment Screening Resources (ESR) that offer two complimentary white papers (a government or other authoritative report giving information or proposals on an issue) that include: “Common Ways Prospective or Current Employees Sue Employers Under the FCRA” and “Common Ways Consumer Reporting Agencies are Sued Under the FCRA” These closely examine the many causes that can lead to lawsuits and shows employers and CRA’s that they work with can avoid a costly litigation. 

Covid and Credit Score

Covid-19 has been such a unprecedented event and there is still a lot of work being done to configure how different situations should be treated and reported. 

The Fair Credit Reporting Act (FCRA) is a law enacted in 1970 that gives consumers certain rights when it comes to their credit reports that include the ability for consumers to dispute credit reporting errors. It also requires that furnishers (those that produce credit reports) are reporting accurate and up-to-date information. 

Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) in March 2020. Part of this act ensures that consumers impacted by Covid-19 are still able to receive loan accommodations without having their credit score impacted. This means that when banks and other lenders provide a loan, payment deferrals, and other forms of relief to consumers due to the pandemic, it should not impact their credit score.

Many Americans have been heavily impacted by Covid-19 and have received these types of relief from banks and lenders. While these should not impact credit scores, there are different credit reporting agencies and different credit scoring models. The current challenge is to make sure that loan payment deferrals are being treated consistently. As a consumer, you have the right to view your credit score. Currently, you are able to obtain a free credit report weekly as opposed to yearly. It is important that you check your credit report and score regularly and to make sure to contact the credit reporting agencies if you notice any inaccuracies in your report, especially now if you have received a loan during the pandemic. 

If you feel that your credit report has inaccuracies contact us to take a look and to see if you have a claim. Consultation is free and you may be entitled to a settlement! 

TransUnion is Continuously Sued for Misreporting Consumers as Terrorists

Lawsuits have ensued after TransUnion lost two jury trials for the company’s failure to use adequate identifying information regarding terrorist alerts that are appearing on consumer credit reports.

On August 25th, 2020, A man in Pennsylvania, filed a class action lawsuit against TransUnion in federal court, alleging that the bureau violated the U.S. Fair Credit Reporting Act (FCRA) when it mislabeled him as a terrorist on his credit report. This mislabeling occurred because the man simply had the first name of two individuals on the terrorist watch list. Previously, TransUnion had two other lawsuits concerning the same misreporting that led to punitive damages verdicts, including a record verdict under the FCRA. 

Back in March 2020, the plaintiff in the case, Ahmed Al-Shaikli, was seeking pre-approval for a mortgage. His applications were denied based on information located in his credit report. When Ahmed requested copies of his credit report from the three bureaus, Experian, Equifax, and TransUnion, he noticed that TransUnion contained information that the the other two bureaus did not have. According to his complaint, Ahmeds TransUnion report claimed that his name matched two people on the U.S. Department of the Treasury’s Office of Foreign Assets Control’s (OFAC) list of Specially Designated Nationals (SDNs). 

SDN’s are individuals that are prohibited from business transactions in the United States for national security reasons. In the complaint, the matches were stated to be incorrect. One of the names matched Ahmeds first name, but not his last and the birthdate of this first person was nearly 20 years earlier than that of Ahmed. The second name also matched his first name, and according to the reports from TransUnion, had a birthdate of more than 35 years earlier than his. 

Ahmed is not on the OFAC SDN list nor is he on any other government watch list. He is a lawful United States permanent resident who proudly became a naturalized U.S. citizen, and had also served in the U.S. military as a contractor. 

According to the complaint, Ahmed has reason to believe that TransUnion sold credit reports about him with these false and inaccurate terrorist connections to 11 organizations from February 2019 through April 2020. 

Jim Francis, a partner at Francis Mailman Soulmilas, P.C., who is representing Ahmed in these claims, has stated that: “

Despite TransUnion having Mr. Al-Shaikli's full name, address, social security number, and date of birth, it appears that the company ignored most of that information, and instead associated him with the terrorist watch list because his first name was Ahmed" 

Despite these findings, and TransUnion being hit twice for the same conduct, they still continue to carelessly use the same loose name-matching logic. Ahmed is not the only one to suffer from this similar extreme defamation. 

Ahmeds complaint alleges that TransUnion violated the FCRA by willfully failing to follow reasonable procedures to ensure the maximum possible accuracy of the credit reports it sold. As the lead Plaintiff in the class action, Ahmed seeks to represent all people residing in the U.S. and its Territories about whom TransUnion 

Mr. Al-Shaikli's complaint alleges that TransUnion violated the FCRA by willfully failing to follow reasonable procedures to assure the maximum possible accuracy of the credit reports it sold. As the lead plaintiff in the class action, Mr. Al-Shaikli seeks to represent: 1.) All people residing in the U.S. and its Territories about whom TransUnion prepared a credit report that included any OFAC record beginning five years prior to the filing of the lawsuit; 2.) the members of the first group whose TransUnion reports claimed they matched a person on the OFAC SDN list but that match was not a character-for-character match to their first and last names; and 3.) the members of the first group whose TransUnion reports claimed they matched a person on the OFAC SDN list but that person had a different year of birth than they did.

A mixed file, even if not to these extreme is a major violation and can cause punitive damages to a consumer. If you feel you have a mixed file, contact us for help. You could be entitled to a settlement.

Plaintiff Brings Claim Against Employer

A Plaintiff by the name Gennaro Mattiaccio II was terminated by Defendant DHA Group for alleged misconduct. On July 21st, 2020, The United States District Court, District of Columbia issued an opinion in Matticcio v. DHA Group., Inc. that said the Plaintiff had standing to pursue claims of Fair Credit Reporting Act (FCRA) violations against his former employee. The DHA Group used a background check that was used to justify Plaintiff Maticcio’s termination from work.

Mattiaccio II claims that these background checks were retaliation for a complaint he had filed against DHA Group. Typically, pre- and post- employment background checks that investigate employee misconduct are exempt from the FCRA.

Mattiaccio II brought two FCRA claims: Defendant lacked proper authorization to perform the background checks, since they were not clearly formatted and Plaintiff did not authorize a post-employment background check and was given neither a summary of rights or an opportunity to review his report before his termination. 

District Judge Colleen Kollar-Kotelly wrote an opinion that has been cause of the latest decision in almost a decade-long dispute between the two parties. Judge Koller-Kotelly granted in part and denied in part the Defendant’s Motion for Summary Judgement for lack of standing under Article III of the U.S. Constitution.
She states that the Plaintiff has a standing on claims that he did not authorize the post-employment background check but he cannot bring in the claim that he did not authorize the pre-employment background check. She states that he also has a claim that he was not provided a copy of the report or his summary of rights before the adverse action was taken against him. The case has now been taken to court. 

The FCRA promotes the accuracy, fairness, and privacy of consumer information contained in the files of Consumer Reporting Agencies (CRA’s), protects consumers from the willful and/or negligent inclusion of inaccurate information in their consumer reports, including consumer credit information. 

Employment Screening Resources (ESR) wants to remind us that allegations made in a lawsuit are not proof that a business or individual violated any law, rule, or regulation. The allegations written in this blog are not factual at this current time. 

If you feel that your employer has put a violation wrongfully against you, contact us to take a look at your case and we will provide you with information and let you know if you have a claim. 

Keeping Good Financial Health

The most important financial document you can have is your credit report.  It is used by lenders to determine if you qualify for a loan, insurance, renting a property, and it may even be checked when you apply for a new job. 

Information contained in your credit report is used to calculate your credit score. To maintain and/or increase your credit score, you have to check that the information that the credit bureaus are collecting are is accurate and the activity is remaining positive. 

Keeping your credit score up comes from :

• Paying bills on time

• Not opening too many credit accounts

• Keeping your credit card balance below 30% 

Even government-regulated agencies such as Transunion, Equifax, and Experian can make mistakes. The Federal Trade Commission reported that 1 in 5 people had an error in their credit report in 2012.

How does this happen?

It could be that a lender had sent the credit bureaus the inaccurate information. This includes information about your transaction history, or you could have a mixed file with someone who shares a similar name and social security number. An error could also be a sign of identity theft. 

The only person who is keeping tabs on your credit report for accuracy is you. We recommend that you check your credit report at least once a year. You are allowed to request an annual free credit report at annualcreditreport.com. Since the Covid pandemic consumers are able to view their credit report once a week for free. Everyone should take advantage of this service, especially at this time where finances are are difficult. 

Lenders are not required to report to every company, so the information you find on a Transunion may report differently than on Experian and Equifax.  

The specific details in each credit report may be different, but they all follow a similar structure. It is important to check the personal information of your credit report carefully:

• Current and former names

• Current and former addresses

• Birthdate

• Social security number

• Phone numbers

• Spouse or co-applicants

• Current and former employers

Errors in this section could indicate a mixed file or a stolen identity. If you find an error it is important to dispute the wrong information immediately.

Your credit report contains a section for “Soft” and “Hard” inquiries. Soft inquires are requests made by outside parties, such as lenders who want to offer you unsolicited credit. They request your information to see your credit worthiness. These do not affect your score. Hard inquiries will affect your score. These are made by lenders when you apply for credit, employment, insurance, etc. You have to authorize the hard inquiry when you apply.

If you have debt related mistakes, it is important to contact the lender first and clearly explain the error that was made. They will likely fix the error without protest, especially if you have been a good customer. They are required to alert the bureaus of the mistake, but you should also file a dispute to the bureaus to make sure the communication was successful. 

When communicating with the credit bureaus about an error in your report, it is important to collect any and all documentation that supports your claim. This could be bank statements, bills, contracts, legal documents, and emails. An effective way to dispute is to write a letter to the bureau as opposed to disputing online, so that a real person must look over your information. In the letter you should clearly outline the error(s) and explain the steps you have already taken to fix it. When finished, send the letter along with copies of your documents to the bureaus using certified mail. It is important to keep track of all communication. 

If you need help with anything related to your credit report, use our contact form to send us an inquiry. We will get back to you within 24 hours! 

Artificial Intelligence for Consumer Protection

The Consumer Financial Protection Bureau (CFPB) is currently monitoring the innovation of Artificial Intelligence (AI), and more precisely the subset of Machine Learning (ML) as part of their mission of consumer protection. The CFPB was tasked by congress to ensure that markets for consumer financial products and services are operating transparently and efficiently. 

Financial institutions have already started to instill the use of AI in a range of functions such as virtual assistants that take customer requests, detecting fraud as well as other illegal activity, and compliance monitoring tools. 

AI has the potential to use traditional underwriting techniques that could enable lenders to evaluate the creditworthiness of millions of consumers who are considered to be “unscorable”. It is said that 1 in 10 adults in the United States are considered credit invisible due to not having a credit record at the nation wide bureaus. Around 19 million other consumers have too little information to be evaluated by the widely used credit monitoring model. This technology would involve models that would allow the lenders to evaluate more information about credit applicants which could lead to more efficient credit decisions and the potential to lower the cost of credit. 

On the downside, AI could potentially amplify risks that include unlawful discrimination and privacy concerns.  The bias in the model could also lead to inaccurate predictions. An important issue to note is how the AI models will address the adverse action notice requirements in the Equal Credit Opportunity Act (ECOA) and the Fair Credit Reporting Act (FCRA). The FCRA requires that the creditors provide the consumers with the main reasons for their credit denial and other adverse actions. Questions of concern will arise concerning how these institutions will comply with the requirements when they are basing their information on complex interrelationships driven by the AI. 

Hopefully financial institutions ponder how to most effectively take advantage of the AI’s potential benefits. It would be a good use of time for them to explore ways to engage with consumers with features that would allow access to educational components and sharing information with consumers on how the underwriting decisions are made and what data/factors are used. 

Promising technology could allow for a better overall experience that would benefit the consumers. 

If you are seeing inaccuracies on your credit report, fill out our form to get your questions answered. We are leading experts in the field and can help you get your credit and life back on track. 

Protecting Your Credit Score Act

On June 29th, 2020, the Protecting Your Credit Score Act (H.R. 5332) was passed by the United States House of Representatives. This act will amend the federal FCRA to guarantee that consumer reporting agencies, such as Transunion, Experian, and Equifax, are giving fair and accurate information in consumer reports. The act will be making changes to strengthen the rights of consumers and increase the consumer data protection guidelines that reporting agencies must follow. This will increase the accountability of the agencies. 

A study of the Frederal Trade Commission shows that approximately 21% of consumers had errors in their credit reports, 13% of those errors affected the consumers credit score, and 5% had errors that were serious enough to cause a credit denial. For the consumer, fixing this errors can be complicated and a full blown nightmare. The reporting agencies favor the side of the creditor and/or debt collector. 

This new act takes a number of steps that will make it easier for consumers to fix the credit errors. It will also be easier to force the credit bureaus to reinvestigate the errors and fix the mistakes. 

A few notes from the act include: 

• Establishing an online consumer portal landing page

  • This is a single online consumer portal that has free and unlimited access to their reports and credit scores. 

• It will increase credit report accuracy and transparency. 

  • This will require Experian, Equifax, and Transunion to conduct preventative audits by matching ALL digits of the consumers social security number or the full legal name, date of birth, current address, and one previous address. The credit bureaus are known for only matching 7 of the 9 digits of the consumers social security number, which often results in a case of a mixed file. 

• It establishes a CFPB ombudsperson, or a public advocate to resolve these common errors made by reporting agencies. 

Be sure to check your credit report frequently. Many people do not realize that they have an error in their credit report until they are trying to apply for credit. This can effect your ability to get a credit card, get a loan, buy a car, a home, and more. 

If you have errors in your credit report, contact us for help. We can give you step by step guidance and let you know if you have a case! 

Protect Your Credit Score Act

Credit Report vs. Credit Score

Credit Report Vs. Credit Score

One common misunderstanding is differentiating your credit report and your credit score. Lenders use the numbers from both to determine the likelihood that you will make payments as agreed in your contract. Lenders that use your credit report and your credit score include credit card companies, apartments, car loans, and mortgage. Your credit report holds information on all your past credit history. The data that gets collected is used to determine your credit score.

Your credit score is a three-digit number that lenders, such as those mentioned above, use to determine how safe or how much of a risk you may be as a customer. The range is typically between 300 and 850. Credit scores are determined based on how much debt you owe, history of repayment, if you have any marks for being late, and how long you have had your credit accounts. It is common for your scores to fluctuate based on your account activity.  There are different scoring models used to determine your score. Some even use your income to calculate your credit score.

Here is a general look at credit score ranges:

• 300-579: Poor

• 580-669: Fair

• 670-739: Good

• 740-799: Very good

• 800-850: Excellent

It is important to strive for a higher score because you will receive more favorable credit terms such as lower interest and lower payments. Credit scores will vary depending on what model was used. Not all creditors report to all three bureaus (Experian, TransUnion, and Equifax). Some creditors may only report to two or none at all. They may also calculate your medium score from all three major credit bureaus.

  Your credit report is a statement that provides information about your lines of credit and your payment history but does not contain your credit score. Your credit report is compiled by the three major credit reporting companies (Experian, TransUnion, and Equifax). These are also known as bureaus or consumer reporting agencies. Lenders will use these reports to determine if they want to loan you money and it helps them determine the interest rate you will receive. Other businesses that use credit reports are renters, insurance agencies, and utility services. Your employer may also run a credit report to make employment decisions about you.

Credit reports will contain:

 Personal Information:

• ·         Name

• ·         Address

• ·         Social Security Number

• ·         Date of Birth

• ·         Phone Numbers.

Credit Accounts:

• Current Accounts and Accounts History

• Credit Limit/ Amount

•  Account Balance

Collections

Public Records

•    Foreclosure

•   Civil Suits

• ·Bankruptcies

Reports can sometimes have errors. It is important to check your credit report. If you find any mistakes, it is imperative that you report these errors right away. Everyone is entitled to a free credit report once a year. Find your free credit report at

https://www.nerdwallet.com/blog/finance/credit-score-vs-credit-report-whats-difference/

Credit Lock vs. Credit Freeze

Credit Lock vs. Credit Freeze

A credit freeze and credit lock are often confused as being the same thing. Both can block creditors and others from accessing your credit file and opening an account in your name. Both a freeze and a lock can help protect you from identity theft. Typically, freezing your account is free but locks come with a fee.

A credit freeze lets you restrict access to your credit file. This makes it harder for someone trying to steal your identity to open a new account in your name. A lender needs your credit report to determine if you are qualified to receive a new line of credit. When you have a credit freeze in place, your credit report cannot be pulled up and the lender is unable to approve a loan or credit card.

Freezes are free and a bit harder to undo. Freezes are required by law to be free. A credit freeze cannot affect your credit score, prevent you from: opening a new account, obtaining your free credit report, or from theft. If you want to lift a freeze, then you required to have a PIN to unlock it online or you may have to request the PIN in writing.

 Locks aren’t always free and can be easier to open and reapply. It is likely to come with a monthly fee. It will block access to your credit file, like a freeze, so that a new account cannot be opened in your name. To place a lock or a freeze on your credit file, you must first contact the three credit bureaus. A credit lock has no legal protection in place, so credit bureaus are not responsible if a new account has been opened in your name. When you want to lift your lock, you are able to do so instantly online.

 When should you use a lock or freeze? If your credit report and/or other personal information has been wrongly used or exposed, you should use a credit freeze. A credit lock is used more as preventative measures, before anything was to happen. To freeze or lock your credit file, you will first need to contact all three credit bureaus. The first step in knowing if you need to lock or freeze your credit file is to check and monitor your credit score. A jump in your score could be fraud. Check out freecreditreport.com

Mistaken For Dead

Mistakenly Placed on Death Master File

Each year more than thousands of people are wrongly placed on the Death Master File. The Death Master File is a document that accounts for every American that has died since the year 1936. People usually do not realize that they have been placed on the Death Master File until they are informed by their bank or are trying to apply for credit. One woman from Philadelphia received an email from American Express in January of 2019 stating that they express their condolences on her passing. She was immediately set into full panic but thought that this was a minor mistake. She was wrong. She soon realized that she was financially powerless. Her AMEX was closed, and her bank account were frozen. (See next blog for the difference between frozen and locked accounts) Her job was not even able to deposit any of her pay into her account. This would eventually ruin or paralyze her insurance as well as her 401k.

Another woman in the state of Utah realized that something was wrong when her credit card was denied on a date night with her husband at a restaurant. She contacted her bank as soon as she returned home, and her credit card company informed her that she has been dead for two years. Since her accounts have been unfrozen, the Social Security Administration is trying to recoup 2 years of payments of tens of thousands of dollars that they believe should not have been paid out.

Funeral directors are the largest source for reporting deaths to the Social Security Administration. There has only recently been a change to switch from paper to electronically filed records. It is an easy mistake to mistype or write a social security number incorrectly. Even one number off can cause serious issues. The Electronic Death or EDR allows states to automatically verify the accuracy of a persons Social Security Number before it is sent to the SSA. Even with this system implemented, it is far from perfect.

The Social Security Administration has estimated that around 12,000 people are wrongfully marked as dead in their system each year. Once a person is in the Death Master File, it is not an easy fix, especially once the credit agencies have the death in their files. If you have become aware of being placed on the Death Master File, it is recommended that you immediately visit your local SSA office and to make sure to bring at least one current form of ID such as a driver’s license and/or passport. If they still have not removed the file, seek a lawyer to see what else you can do to make this right and possible receive compensation.

http://cancelthesefunerals.com/

Problems persist with Credit Bureaus

Problems persist with Credit Bureaus

Have you experienced issues with credit bureau’s? It seems to be a running theme. The three major credit-reporting bureau’s – Equifax, Experian, and TransUnion, have had the most complaints for four consecutive years. These complaints involve inaccurate information on credit reports. Fighting with these bureaus can be a hassle because the bureaus have more power than the consumer.

            Lawmakers have only begun to pay attention since the enormous data breach from Equifax just two years ago. This led to being able to freeze your reports for no fee but didn’t provide any new ways to protect the consumer. There have been a few reforms in the past few years, such as bureaus being required to inform the other bureaus when a credit file is found to be mixed with another person and that a report can no longer include debts outside of an agreement or contract. For example, The reports are not allowed to include medical records that are 180 days old or less or medical debts that have been paid by an insurer.

            Problems have been persistent, and it seems that reform is not happening fast enough. The disputes are converted into codes that summarize the complaints for the data furnishers, which can be thought of as computers talking to computers. This can be frustrating when you have a dispute that is more complex and you need to talk to a real person.

            During the data breach of 2017, Equifax had a settlement of $700 million, which is comparable to a parking ticket in their eyes. It is just the cost of doing business and easier than changing their business practices to be fair and partial to consumers. It is imperative as a consumer to check your credit report regularly, or you may find yourself unexpectedly rejected for credit when it is most crucial. annualcreditreport.com is a site where you can check your credit report for free annually. As a consumer, it is your job to identify that your accounts are in good standing and have all the correct information. If your personal information is wrong, it could potentially be a mixed file or identity theft. It isn’t uncommon for a credit file to be mixed with someone who has similarities to your identifying information. It is most likely to happen if you have a common first and last name or if you have a family member with a similar or the same name. Credit bureaus may even consider only 7 of the 9 digits of your social security number when matching your information. You have the right to dispute these errors and have them corrected and/or deleted. An error in your file could prevent you from getting credit, renting a home, or getting a job.

            If you come across an error, you should take action from both sides. You should contact the furnisher that provided data to the bureaus and to contact the bureau(s) reporting the error. It may even be best to write a formal letter by mail so that a person and not a computer will receive the information. It also provides you with a paper trail if you were to make a claim.  Being persistent is key, it is not easy to get a furnisher to immediately admit their wrongs. Filing a dispute with the credit bureaus as you communicate with the furnisher will help preserve your right to make a legal claim if the error fails to be corrected. You can find dispute information and mailing addresses through these links: equifax.com/disputes, experian.com/disputes and transunion.com/disputes Contact us today with any questions you may have regarding your credit report.

What to Know About FCRA Compliance

What to Know About FCRA Compliance

The Fair Credit Reporting Act, or the FCRA, is a federal law that was enacted in 1971. It was originally designed for consumers to receive help resolving inaccuracies in their credit reports.

        The range of the FCRA was expanded in 1996 to include: background checks for employment screening. It is mandatory for an employer using a third party to conduct background checks under the FCRA compliance.

        The FCRA compliance was made to protect the consumer. Employers that use background reports and Consumer Reporting Agencies, also known as background screening companies are regulated by the FCRA. The FCRA is relevant when an employer obtains a background check for employment from a third party. Background checks include things such as: criminal history, employment verification, education verification, reports on motor vehicles, health care sanctions and professional licenses. The employer and background screening company must have compliance with the FCRA.

        It is highly important that an employer must disclose that they will be doing a background check and they must have written authorization. There are strict adverse action procedures that they must follow if they make an employment decision based on negative information in the report. According to the Consumer Reporting Agency, they must have compliance in procedures that make sure reports are as accurate as possible, while following all state and federal reporting guidelines.

     Here are terms to know to understand more about the FCRA:

The Consumer Report. This is a background report aka a background check that contains factual information of dates of employment, criminal records, and driving history.

The Investigative Consumer Report. This is a background report that includes information obtained through personal interviews that discuss employment performance such as a  personal and/or professional reference check.

The Consumer Reporting Agency, (CRA),  which is where the background screening company prepares the background report.

The Consumer – Which is the person who is the subject of the report.

The User – The person who is requesting and using the background report.

Disclosure – The document used to inform the consumer that they may be subject to a background report.

Authorization – The document signed by the consumer in which they authorize preparation of the background report.

Adverse Action – The process followed by an employer when considering a negative employment decision based on the background report.

Shaw v. Experian - 9th Circuit Oral Argument

Here is a link to our recent oral argument in the Shaw v. Experian class action:

Shaw Oral Argument

The Shaw case concerns the accuracy of Experian's reporting of short sales. Following the great recession, there was a dramatic increase in short sales. To help consumers, the nation’s largest mortgage underwriters created a new, 2- year waiting period for consumers who want to re-enter the conventional mortgage market after completing a short sale. This rule contrasts sharply with the 7-year waiting period applicable to foreclosures and makes it imperative that consumer reports identify short sales with maximum possible accuracy. Experian’s consumer reports fail that standard because they can, at best, only imply a possible short sale while simultaneously implying other events, including a possible foreclosure.

While Experian now insists it accurately and precisely reports short sales, that is not what it told Fannie Mae in May 2010. At that time, when Fannie Mae asked how it could identify short sales in Experian’s data, Experian admitted:

There are no specific codes that will specifically identify a Short Sale condition. The data reporting guidelines instruct the client to report the account as Settled-Special Comment AU. So the presence of this comment on a Mortgage loan ‘could’ imply short sale.

This single piece of evidence undermines Experian’s current contention that any particular set of codes can be relied on to identify short sales with the precision and certainty demanded by the mortgage industry. Experian expressly told Fannie Mae that is not true. And, the record shows the reason it is not true is because Experian requires furnishers to report short sales using the exact same codes they use to report other events that are not short sales. Accordingly, Experian’s data is inherently vague, imprecise and uncertain.

Experian materially compounds this uncertainty by displaying an ambiguous, catchall code 9 in the payment history grid of its consumer reports. The code 9 is not reported by furnishers and can infer numerous derogatory events, including a potential foreclosure. Experian’s reports therefore portray inconsistent and conflicting information that caused the rejection of new mortgage applications for scores of consumers, including Plaintiffs. Experian’s reports are inaccurate because they are so imprecise, incomplete, misleading and unreliable they are not only expected to, but did in fact, adversely affect credit decisions.