Francis Mailman Soumilas, P.C., recently filed a lawsuit on behalf of a Delaware woman against Experian Information Solutions, Inc., (“Experian”), Equifax Information Services LLC (“Equifax”), and TimePayment Corporation (“TimePayment”) in the U.S. District Court for the District of Delaware, alleging that the companies violated the U.S. Fair Credit Reporting Act (“FCRA”).
According to the complaint in the lawsuit, Experian, Equifax, and TimePayment have been reporting derogatory and inaccurate statements and information regarding our client and her credit history to third parties from at least November 2021 through the date the complaint was filed. The alleged inaccurate information at issue in the lawsuit pertains to a debt collection account with TimePayment.
Specifically, Experian, Equifax, and TimePayment are allegedly falsely reporting that our client failed to pay a balance on a TimePayment account and are falsely reporting the TimePayment account as being delinquent.
This allegedly inaccurate information negatively reflects upon our client’s credit repayment history, her financial responsibility as a debtor, and her creditworthiness.
Even though our client has disputed the allegedly inaccurate information with Experian and Equifax from at least November 2021 through present day, both companies have indicated to our client that they plan to continue publishing this inaccurate information, and have done so.
“The FCRA exists to prevent consumer reporting agencies like Experian and Equifax and information furnishers like TimePayment from engaging in the kind of conduct they’ve apparently engaged in here, causing our client significant damages,” said Siobhàn E. McGreal, one of the lawyers at Francis Mailman Soumilas, P.C., who filed the lawsuit. “Had these companies simply followed federal law by employing internal safeguards to catch these kinds of errors and to take proper action when a consumer disputes information on their consumer report, our client wouldn’t have had to endure the consumer report nightmare the three defendants have put her through.”
According to the complaint, despite our client’s efforts to correct the inaccurate information Experian and Equifax is publishing about her, both companies have (i) never contacted her to follow up on or verify her disputes, (ii) never contacted third parties that would have information concerning her disputes, (iii) never forwarded any relevant information concerning her disputes, and (iv) never requested or obtained credit applications or other relevant documents from the companies providing the inaccurate information. The complaint alleges this misconduct violated the FCRA.
The complaint also alleges that TimePayment, as the furnisher of the inaccurate information about our client, has also failed to conduct timely and reasonable investigation of her disputes after being contacted by Experian and Equifax, has failed to mark her account as disputed, and has willfully continued to report such inaccurate information to various credit reporting agencies. According to the complaint, TimePayment willfully and negligently failed to comply with the legal requirements the FCRA imposes on furnishers of information like itself.
As a result of the three defendants’ alleged unlawful conduct, our client has suffered actual damages in the form of lost credit opportunities, harm to credit reputation and credit score, and emotional distress, including humiliation and embarrassment.
The relief our client is seeking in the lawsuit includes, among other things, actual damages, statutory damages, and punitive damages.
If your consumer report contains inaccurate information about you, including credit records or debts that do not belong to you, you may be able to recover damages against the consumer reporting agency that created it. If you do so, the consumer reporting agency may also be required to pay your attorneys’ fees and costs.
Click here or call 215-735-8600 to schedule a free case review with a representative of Francis Mailman Soumilas, P.C. Located in Philadelphia, Chicago, New York, and San Francisco, we serve clients nationwide.