Equifax Lost Case for Misleading Consumer Disputes

New York – Equifax Information Service LLC has recently faced a law suit for failure to investigate and provide their side valid reasons in disputes on top of the correctness of their public files. The consumers who filed the case against one of the country’s largest credit reporting agency have won the law suit.

In the judge’s ruling, by Judge Joseph H. Rodriguez, he said that the claimant, Bruce A. Summerfield, was enough to represent the consumers who have supported and have complained about the said case, in the United States District Court in the District in New Jersey. A lot of the consumers and merchants were very pleased and relieved with the outcome of the case as stated by Jim Francis the business partner of the Francis and Mailman PC who is a co-counsel of the petitioner and he also stated that it was a wise and correct decision for the court to follow the decision in Pennsylvania.

Bruce A. Summerfield and other claimants of the law suit filed the case against Equifax Information Service LLC in the month of March under the year of 2008 for blatantly vilating the Fair Credit Reporting Act. Summerfield thought of suing the company when at 2006, he challenged the company’s public records in his credit report wherein he was wrongly reported as being negatively judged by a Camden court. He said that it was not him who was judged but it was his child, Bruce R. Summerfield. However, there was not a solid document that would state that Bruce A. Summerfield was not the man they should pin the negative record to but it was Bruce R. Summerfield who was supposed to have the record. You cannot find a birth certificate or even a social security number to tell apart the two men, as reported by Judge Rodriguez.

Summerfield received a latter from Equifax after he had disputed the said public records on his credit report. The letter held a number of false and wrong tell stories about the actions of Equifax regarding the dispute involving Summerfield’s credit report records. It was said in the letter that the record in Summerfield’s public record on his credit report was from a local courthouse. The letter said that the company got in touch with the courthouse directly and it also said that personnel of the said courthouse evaluated the record.

However, it has been known that Equifax get their information from vendors wherein the employees of these vendors get their information from judgments, liens which were filed in court and other possible primary sources. Equifax’s vendor in 2004 to 2007 was ChoicePoint Inc. but now they already turned to LexisNexis.

Judge Rodriguez wrote that Equifax has failed to inform the claimant the identity of the source of the false record when they informed the claimant about their investigations. This has been said to be a clear violation of the Fair Credit Reporting Act. Also, another very wrong act that Equifax did was that they did not get in touch with a court to carry out an investigation regarding the dispute and their vendor then, ChoicePoint Inc., did not do the task either.

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August 23, 2010 • Tags: Disputes • Posted in: Credit Score News

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