Search
Search through the thousands of lawsuits, complaints and recalls on our site.

Lawsuit Challenges Credit Bureaus' Fairness

Report Fraud
Case ID: 4861 | Credit / Debt | 07/07/2006

A South Carolina consumer has filed three separate class-action lawsuits against the three national credit bureaus, charging that the companies allow a practice that lowers millions of individuals' credit scores.

Depressed scores raise the interest rates and fees that are quoted by mortgage lenders at application. Sometimes, the higher rates lead to monthly payments that are hundreds of dollars higher than they should be.

The three suits charge that, under the federal Fair Credit Reporting Act, the national bureaus -- Equifax, Experian and TransUnion -- are required to follow "reasonable procedures to assume maximum possible accuracy of information in consumer (credit) reports."

William A. Harris Sr. of Greenville County, S.C., in his complaints, states that each of the bureaus allows credit card giant Capital One to withhold the credit limits on its customers' card accounts -- knowing full well that such omissions frequently lower consumer credit score calculations.

Credit industry experts say lenders withhold limits as a way to discourage raids on their customer lists by competitors who have access to national credit files. Cardholders with lower apparent scores may be less desirable to other creditors sifting through national bureau data in search of prospects.

The suits, filed in U.S. district court in Greenville, S.C., shed light on a controversial behind-the-scenes practice that may be more commonplace than many consumers are aware. Harris' lawyer states that "when Federal Reserve Board researchers examined 310,000 individual credit files two years ago, they found that fully 46 percent of all consumers were missing at least one credit limit."

Consumers who are new to the credit marketplace or have relatively few cards or other credit accounts typically are hurt the most. That's because the most widely used credit scoring system in the mortgage field -- Fair Isaac Corp.'s FICO score -- gives heavy weight to a consumer's "utilization" of his or her available credit. The higher the usage of credit relative to the limit, the lower the score.

In his suits, Harris charges that Capital One's "standard policy of not reporting has a substantial adverse impact on consumers. It makes it appear that many, if not most, Capital One credit card customers have used up more of their available credit than is actually the case, thereby lowering their credit scores."

Equifax, Experian and TransUnion know the potentially negative effects whenever a creditor withholds credit limits. The bureaus "have systematically violated the (law) by failing" to require Capital One to report all card members' limits.

Capital One is not named as a defendant in the suits. Under the prevailing, voluntary credit system in this country, no federal law requires it, or any other lender, to report any client's data to any bureau. However, federal law does require the credit bureaus to strive to be accurate, and Harris' suit argues that Equifax, Experian and TransUnion are not in compliance.

The lawsuit seeks to represent any person who believes their credit score was limited by credit card agencies.


At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints.

Other Credit / Debt Cases of Interest

A class action lawsuit has been filed in the Northern District Court of Alabama against Franklin Collection Services, Inc. for violations of the Fair Debt Collection Practices Act (FDCPA). Class members seek actual and statutory damages, attorney's fees and costs of the litigation.
 
A class action has been filed on behalf of customers of UBS-AG against the broker/dealer, alleging that it failed to disclose that is was engaged in a scheme to "aggressively push UBS sales personnel to steer clients into purchasing" UBS Funds.
 
Federal credit and banking laws prohibit credit providers from discriminating based on ethnicity, national origin, or race. A class action has been filed against AmSouth Bank on behalf of African Americans who alleges that its car lending unit unfairly makes more expensive loans to blacks than whites in violation of the federal Equal Credit Opportunity Act.
 
A statewide class action has been brought in Massachusetts against collection giant, Risk Management Alternatives, Inc. The action is brought on behalf of all Massachusetts residents who, since December 15, 1999, have been subject to alleged unfair collection activities by Risk Management. The action is brought under the federal Fair Debt Collection Practices Act and Massachusetts collection and consumer protection law and is seeking actual, statutory, treble and compensatory damages as well as injunctive and declaratory relief and disgorgement of profits.
 
Kahn Gauthier Swick, LLC ("KGS") announces that shareholders of American Home Mortgage Investment Corp. ("AHM" or the “Company”) (NYSE:AHM - News) who purchased shares of the Company between July 26, 2006 and July 27, 2007 (the "Class Period"), including purchasers of stock pursuant to the Company’s May 4, 2007 Stock Offering, have only until October 1, 2007 to move for appointment as Lead Plaintiff in a securities class action lawsuit currently pending in the United States District Court for the Eastern District of New York. No class has yet been certified in this action.
 
A class action lawsuit was filed June 28, 2005 by California credit card holders and merchants against Cardsystems Solutions, Inc. and others alleging a failure to maintain adequate data security which led to a security breach exposing over 40 million credit card holders to potential fraud.
 
Become a LawCash Member - FREE!
'Find Money' E-Book
Weekly Email Alerts




privacy policy
Class Action Lawsuit Center || Product Recall Center || Consumer Complaint Center || About LawCash Link Exchange
Privacy Policy || Legal Policies || Terms & Conditions || Website Advertising Policy || Site Map || Top Lawsuits
LawCash® is a service of nola3, llc
© 2000 - 2008 Copyright. All rights reserved nola3, llc.

[ Home ]
LawCash
login
Justice is a click away.