Our Successes

Inaccuracy Cases

We have represented many consumers who had inaccuracies on their credit reports. Examples include reports of late payments when the consumer was not late and accounts reported that do not belong to the consumer.

Identity Theft Cases

When victims of identity theft are unable to get Experian, Equifax and Trans Union to correct their credit reports, they have the right to file suit for damages. We have represented many consumers who have had this unfortunate experience. Virtually all the cases resulted in settlements satisfactory to our clients.

Mortgage Related Cases

Mark Anderson has represented a number of consumers who entered into agreements with mortgage companies to reduce their monthly mortgage payments only to find the mortgage company reported to the credit reporting agencies that they were late in making their monthly payments. Mortgage companies often make other mistakes in reporting the status of mortgage accounts.

OFAC List Cases

Andrew Ogilvie & Carol Brewer were co-counsel in a class action pending against Trans Union in which the plaintiff alleged that Trans Union’s sale of OFAC alerts violated the Fair Credit Reporting Act. OFAC alerts are notations that appear on lenders’ credit reports that state that a potential customer shares a name with someone listed on the Treasury Department’s Specially Designated Nationals list.

Short Sales

When a homeowner’s house is under water, mortgage companies will often agree to allow the house to be sold in a short sale. In California, persons who sold their homes in a short sale are protected by California’s anti-deficiency laws meaning the mortgage company cannot successfully sue the homeowner for the remaining balance. It follows that the mortgage company that participates in a short sale should report a zero balance on the account to the credit reporting agencies, but they often report the remaining balance is due and owing. Please contact us if you sold a home in a short sale and the mortgage company continues to report to the credit bureaus that you owe the balance.

Deed-in-Lieu Agreements

Similar to the situation with short sales, a mortgage company may agree to accept a deed-in-lieu of foreclosure. The mortgage company should report that the homeowner’s balance is zero after the transaction is completed.

Technically, but Misleading Credit Reports

We have represented consumers whose credit reports were technically accurate, but misleading. An example is a case in which the state tax authority filed tax liens on a consumer, who actually owed no taxes.

Mixed File Cases

We have represented consumers whose credit files were mixed or merged with another person who had bad credit. These situations are especially egregious causing the innocent consumers to be unable to get any credit at all.

Experian Class Action Settlement in December 2013

Our firm represented the plaintiffs in a certified class action against Experian alleging it sold certain credit information to a debt collector in violation of the FCRA. The debt collector was attempting to collect on debts that arose after consumers’ autos were towed without their authorization. Under those circumstances, debt collectors cannot legally access credit information. The case, Holman v Experian, Case No. 11-00180 CW (N.D. California), is now settled.

Pintos v Pacific Creditors Association

Andrew Ogilvie represented the consumer in this case in which the 9th Circuit Court of Appeals held that it was illegal for debt collectors to obtain credit information from Experian (or any credit reporting agency) when the debt did not arise as a result of a transaction initiated by the consumer. 605 F.3d 665 (9th Cir. 2010).

Employment Background Checks

Employer background checks usually include a report from Experian, Equifax and Trans Union. The FCRA has special rules on employer background checks. Job applicants are sometimes unfairly denied a job when the employer obtains an inaccurate credit report as part of a background check. If you were denied a job because of an inaccurate background check, please call us for a consultation.