Debt Collectors and Creditors Report Negative Information on Credit Reports in Order to Coerce Payment of Debts
You all know this. But it’s comforting that courts and other authorities recognize it as well:
“[R]eporting a debt to a credit reporting agency is ‘a powerful tool designed, in part, to wrench compliance with payment terms . . . .’” Sullivan v. Equifax, Inc., CIV.A. 01-4336, 2002 WL 799856 (E.D. Pa. Apr. 19, 2002). In Purnell v. Arrow Fin. Servs., LLC, 303 F. App’x 297 (6th Cir. 2008) the Sixth Circuit Court of Appeals “assume[d] without deciding that the reporting of the debt to Equifax constitutes a ‘collection activity’” under the FDCPA. Id. at 304, n.5. The Purnell Court relied on an opinion letter from the FTC that provides in pertinent part: “[D]ebt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls.” December 23, 1997, letter from Federal Trade Commission Attorney John F. LeFevre to Robert G. Cass. Accord Edeh v. Midland Credit Mgmt., Inc., 748 F. Supp. 2d 1030, 1035-36 (D. Minn. 2010) aff’d, 413 F. App’x 925 (8th Cir. 2011); Quale v. Unifund CCR Partners, 682 F. Supp. 2d 1274, 1279 (S.D. Ala. 2010); Rivera v. Bank One, 145 F.R.D. 614, 623 (D.P.R. 1993); Matter of Sommersdorf, 139 B.R. 700, 702 (Bankr. S.D. Ohio 1991); Semper v. JBC Legal Group, 2005 WL 2172377, *4 (W.D. Wash. 2005).
Credit Report Scams
/0 Comments/in Uncategorized /by Hays LawsonI say (write) again, the FTC is a pretty awesome website. Here’s a good article on how to recognize credit repair scams. The article highlights these signs:
Your Credit Report can Kill you
/0 Comments/in Uncategorized /by Hays LawsonThis is an interesting post on what to do if a consumer reporting agency reports that you’re dead. The site’s advice is to act fast to correct the error. So to stay among the quick and to avoid the dead, you need to be quick. (I know, a bit circular. But in this context, it works.).
Terrific Article on the Great Recession’s Impact on Consumer Credit
/1 Comment/in Uncategorized /by Hays LawsonThe fine folks at the National Consumer Law Center recently posted a great article concerning the impact of the mortgage crises of 08 and beyond on consumer credit reports. It’s well worth the read. I’ve included some excepts below that really leaped out at me:
ID Thieves are Everywhere
/0 Comments/in Credit Reporting Issues /by Hays LawsonWhen it comes to identity theft, you might want to keep your friends closer than your enemies. The person stealing you is could be someone you know or who you deal with on a professional or official business.
According to credit.com, unlikely identity thieves include relatives, police officers, court workers, friends, and potential employers. When it comes to credit reports, the best approach may be to “TRUST NO ONE.”
Good Debt Buyers
/0 Comments/in Uncategorized /by Hays LawsonThere are good debt buyers. The website Strike the Debt (motto: “you are not a loan”) runs the Rolling Jubilee project.
Credit Score Dinged by Online Criticism
/1 Comment/in Credit Reporting Issues /by Hays LawsonI’ve researched this, and still have trouble believing it. The website Kleargear.com fined a customer $3,500.00 for criticizing the company on the site RipoffoffReport.com. The fine was charged to the customer’s credit card. When she didn’t pay the charge, this negative info got reported to consumer reporting agencies. As a result, the customer’s credit score fell. It’s like the flap of butterfly wings halfway across the world.
Credit Reporting Agencies Now Identify "Revolvers"
/0 Comments/in Uncategorized /by Hays LawsonConsumer Reporting Agencies recently changed the way it reports credit card payments in order to identify “revolvers,” card holders that routinely carry an outstanding balance on their accounts. As explained by Money Talks News:
http://finance.yahoo.com/news/credit-reports-now-show-more-222856056.html
The Downside of Improving your Credit Score
/0 Comments/in Credit Reporting Issues, Debt Collector Abuse /by Hays LawsonRaising your credit score has, well, scores of benefits, such as better access to credit, the ability to get more favorable rates, and an increased chance at employment and housing. For those with delinquent debt, there’s a downside. Your improved credit score makes you a target for collection activities.
Consumer reporting agencies market services to monitor their files on debtors for creditors and debt collectors. As explained by Experian:
By applying for credit or to rent a new apartment, you may be making yourself a tasty target for creditors and debt collectors. These too will find their way to the information that CRA’s have in your file and are also signs of a debtor with an increased ability to pay. Other ways consumer reporting agencies may help creditors locate debtors include public records such as traffic tickets, fines, marriage licenses, and divorce decrees. While the CRA’s don’t say so, requesting a copy of your own credit report may provide a tool to locate you as well.
[1] http://www.experian.com/business-services/debt-recovery.html
Reporting Negative Info is a Coercive Tool to Collect a Debt
/1 Comment/in Credit Reporting Issues, Debt Collector Abuse /by Hays LawsonDebt Collectors and Creditors Report Negative Information on Credit Reports in Order to Coerce Payment of Debts
You all know this. But it’s comforting that courts and other authorities recognize it as well:
“[R]eporting a debt to a credit reporting agency is ‘a powerful tool designed, in part, to wrench compliance with payment terms . . . .’” Sullivan v. Equifax, Inc., CIV.A. 01-4336, 2002 WL 799856 (E.D. Pa. Apr. 19, 2002). In Purnell v. Arrow Fin. Servs., LLC, 303 F. App’x 297 (6th Cir. 2008) the Sixth Circuit Court of Appeals “assume[d] without deciding that the reporting of the debt to Equifax constitutes a ‘collection activity’” under the FDCPA. Id. at 304, n.5. The Purnell Court relied on an opinion letter from the FTC that provides in pertinent part: “[D]ebt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls.” December 23, 1997, letter from Federal Trade Commission Attorney John F. LeFevre to Robert G. Cass. Accord Edeh v. Midland Credit Mgmt., Inc., 748 F. Supp. 2d 1030, 1035-36 (D. Minn. 2010) aff’d, 413 F. App’x 925 (8th Cir. 2011); Quale v. Unifund CCR Partners, 682 F. Supp. 2d 1274, 1279 (S.D. Ala. 2010); Rivera v. Bank One, 145 F.R.D. 614, 623 (D.P.R. 1993); Matter of Sommersdorf, 139 B.R. 700, 702 (Bankr. S.D. Ohio 1991); Semper v. JBC Legal Group, 2005 WL 2172377, *4 (W.D. Wash. 2005).
Credit Scores and the Affordable Care Act
/0 Comments/in Uncategorized /by Hays LawsonRumors seem to be swirling that your credit score will affect how much you will pay for health insurance under the Affordable Care Act, also known as Obama Care. These rumors seem to have started on Florida TV station with an interview health insurance navigator.
According to Rawstory.com
According to CNN the rumors are not true:
The TV station has since retracted the story.