As Consumer Credit Tightens Nationwide, New Rules Require Credit
Reporting Industry To Clean Up Consumer Credit Files And Maintain
Accurate Credit Information
LOS ANGELES (Business Wire EON/PRWEB ) October 1, 2008 --
New rules for the credit reporting industry are scheduled to become
operational today pursuant to an injunction issued by Judge David O.
Carter of the U.S. District Court of the Central District of California.
The nation’s three major repositories of
consumer credit information, Experian Information Solutions, Inc., Trans
Union, LLC, and Equifax Information Services, LLC, must now follow
detailed procedures for the retroactive correction and updating of
consumers' credit file information concerning debt discharged in Chapter
7 bankruptcy proceedings as well as new procedures to ensure that debts
subject to future discharge orders will be similarly treated.
Michael W. Sobol, an attorney at the national law firm Lieff Cabraser
Heimann & Bernstein, LLP, representing plaintiffs in the litigation,
stated, “The new procedures represent a
paradigm shift in credit reporting industry that will immediately
benefit millions of consumers in the United States and for years to
come. No longer can credit reporting agencies merely parrot back this
information as provided by creditors but must now reconcile creditors'
information against available public records to assure maximum possible
accuracy.”
Millions of Americans have been denied mortgages, home refinancing and
car loans, or paid higher interest rates, when their credit reports have
old debts still showing up as unpaid and overdue. In the class action
lawsuit, plaintiffs charge that against Experian, Trans Union and
Equifax, the nation’s three major
repositories of consumer credit information violated the Fair Credit
Reporting Act (“FCRA”)
by recklessly failing to follow reasonable procedures in the reporting
of debts discharged in Chapter 7 bankruptcy proceedings. Plaintiffs
allege that defendants continued to report debts as unpaid or overdue
even though they had been discharged in bankruptcy and defendants were
aware of the existence a Chapter 7 discharge order.
The new procedures for the credit reporting industry were established
under to an injunction approved by Judge Carter in August 2008 in the
case of White v. Experian Information Solutions, No. 05-CV-1070
DOC (C.D. Cal.). The Court set October 1, 2008, as the date the new
procedures became in effect.
“Consumer credit is tightening across the
nation due to the crisis in the financial industry,”
noted Sobol. “It is more important now than
ever that consumers’ creditworthiness be
assessed upon the most accurate information available.”
To read the Court’s order establishing the
injunction and other information in White v. Experian Information
Solutions, please visit http://www.lieffcabraser.com/consumer/credit-report.htm
A profile of the litigation and discussion of the importance of the
injunction can also be found in yesterday’s Wall
Street Journal at http://online.wsj.com/article/SB122273650932088677.html
The class action lawsuit remains ongoing with plaintiffs seeking
monetary damages for defendants’ alleged
misconduct.
Joining Lieff Cabraser in representing the plaintiffs in the class
action are Daniel Wolf of the Law Office of Daniel Wolf, Washington,
D.C.; Charles W. Juntikka of Charles Juntikka & Associates, New York,
New York; Stuart Rossman of the National Consumer Law Center, Boston,
Massachusetts; Michael A. Caddell of Caddell & Chapman, Houston, Texas;
Leonard A. Bennett of Consumer Litigation Associates, P.C. of Newport
News, Virginia; Mitchell A. Toups of Weller, Green, Toups & Terrell,
L.L.P. of Beaumont, Texas; and Lee A. Sherman of Callahan McCune &
Willis of Tustin, California.
About Lieff Cabraser Heimann & Bernstein,
LLP
Lieff Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law
firm that has represented plaintiffs nationwide since 1972. We have
offices in San Francisco, New York and Nashville. We represent
plaintiffs in class and group actions and in individual lawsuits in
cases involving substantial losses. For the last five years, the National
Law Journal has selected Lieff Cabraser as one of the top
plaintiffs' law firms in the nation.
Learn more about our firm at http://www.lieffcabraser.com
See the original story at: http://eon.businesswire.com/releases/consumer_credit/credit_reporting/prweb1414564.htm
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