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Credit bureau fails to correct report after mortgage settlement
Burke v. Experian Information Solutions, Inc., 1:10-CV-1064 AJT/TRJ, 2011 WL 1085874, at *4 (E.D. Va. Mar. 18, 2011) Mr. Burke had sued his mortgage servicer, Litton Loan Services, and reached a settlement whereby the servicer agreed to “delete the trade line” on Mr. Burke’s credit report. Later, when Mr. Burke obtained a copy of his credit report, he found that information relating to his mortgage remained on his credit report. Mr. Burke sent a dispute to Experian stating that the entry should not be on the credit report and invited Experian to call him. Mr. Burke was unable to provide
State law defamation preempted except in the case of malice or willful intent to injure
Ross v. FDIC, 625 F.3d 808 (4th Cir 2010) The Plaintiff’s ex-husband originally took out a mortgage loan, though ultimately quit-claimed his interest to his Plaintiff prior to their marriage. At some point after the two were married,the relationship soured and the Plaintiff obtained a protective order against her ex-husband. As part of the divorce, the Plaintiff obtained an order naming her as the property’s owner, though her ex-husband retained sole responsibility for the loan. Ross contacted Washington Mutual (the original servicer) about this arrangement and confirmed that she still received the mortgage statements and the 1098 tax deduction forms.
Damages under the Fair Credit Reporting Act include economic damages as well as damages for humiliation and mental distress
Robinson v. Equifax Info. Servs., LLC, 560 F.3d 235 (4th Cir. 2009) Ms. Robinson had her identity stolen and the thief opened up fraudulent accounts in her name and under Ms. Robinson’s social security number. Shortly after discovering that she had been a victim, Ms. Robinson filed a police report, called the Federal Trade Commission hotline and opened a case, and spent the next five months trying to correct the mistakes on her credit report. Equifax mistakenly placed Robinson’s address and social security number on three credit files established by the identify thief, each of which contained derogatory credit accounts.
Authorized user of credit card gets negative info deleted
Johnson v. MBNA Am.Bank, NA, 357 F.3d 426 (4th Cir. 2004) This case involved Linda Johnson, who sued MBNA for violations of the Fair Credit Reporting Act for failing to conduct a reasonable investigation of Johnson’s dispute concerning an MBNA account appearing on her credit report. At issue was a Mastercard account opened in 1987. It is undisputed that Johnson’s ex-husband was one of the applicants. MBNA claims that Johnson was a co-applicant with her ex-husband (“Slater”) while Johnson maintains that she was merely an authorized user. Slater filed for bankruptcy and MBNA removed his name from the account. MBNA
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