Mortgage Insurance Holders Target Radian Guaranty for Credit Reporting Violations |
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A nationwide class action has been filed in Pennsylvania against mortgage insurance giant, Radian Guaranty. The action is brought on behalf of all U.S. residents who have obtained mortgage insurance from Radian at a less than best rate, and have not been informed that an adverse decision was made against them as a result of utilizing a credit report to set their insurance premium. The action is brought under the federal Fair Credit Reporting Act and seeks actual and statutory damages as well as injunctive and declaratory relief.
This action arises from what consumers claim is a corporate policy of Radian Guaranty to thwart the requirements of the federal Fair Credit Reporting Act. Under the act, anytime an adverse decision is made against a consumer based on the use of a credit report, the entity making the decision must inform the consumer of the decision and must furnish them with the contact information for the credit reporting agency that provided the credit report. This requirement ensures that consumers can verify the accuracy of their credit information and, if need be, dispute the validity of such information. According to the consumers, Radian both intentionally and negligently fails to provide this information when it writes a policy of insurance with a rate less than its best available. The consumers allege that Radian utilizes consumer credit reports in setting premium rates, and under the Fair Credit Reporting Act is required to disclose the basis for such adverse decisions. Radian is one of the nation's largest providers of mortgage insurance, with premium income just below $1 billion annually. Accordingly, consumers claim the potential class in this case could number in the tens, and possibly the hundreds of thousands.
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