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U.S. Consumers Cry Foul Over Action Card and Bankfirst Corporation's Credit Reporting Practices

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Case ID: 3191 | Credit / Debt | 03/01/2004

A national class action has been filed in Pennsylvania against Action Card and Bankfirst Corporation, Inc. The action is brought on behalf of all U.S. consumers who either applied for credit or for a credit line increase from the credit card giants and who, after having an adverse action taken against them, were not provided with statutorily required information regarding this decision.
Consumers bring this action under the federal Fair Credit Reporting Act and seek compensatory, statutory and punitive damages as well as an order directing Action Card and Bankfirst to disclose relevant credit information withheld from consumers.

According to consumers, both Action Card and Bankfirst have a longstanding policy of denying consumers statutorily mandated information regarding the companies' reliance on credit information when evaluating an application for a credit line increase or a new account. Consumers allege that Action Card and Bankfirst rely almost exclusively on credit reports generated by the leading credit reporting agencies as well as credit scores when making a decision regarding an extension of credit to a consumer. Under the Fair Credit Reporting Act, anytime an adverse credit decision is made based on credit reports and/or credit scores, the creditor who made such a decision is obligated to provide very specific information. The creditor must make it known to the consumer that an adverse credit decision was made. The creditor must notify the consumer that this decision was based on information contained in a credit report and/or credit scores and provide the consumer with the name and contact information of the agencies used for such credit information. Finally, the creditor must notify the consumer of his or her right to dispute the validity within 60 days of the information relied upon. In this action, the consumers claim that Action Card and Bankfirst failed to provide any of this information in the wake of an adverse decision. The consumers further claim that this course of action is company policy and intentional, entitling consumers to punitive damages. Finally, consumers claim that the potential class in this matter is extremely numerous, numbering easily in the thousands.


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