Posts Tagged ‘Fair Credit Reporting Act’

YOU DO NOT NEED PERFECT CREDIT TO SUCCEED AND OBTAIN COMPENSATION IN A CREDIT DAMAGES LAWSUIT!

Friday, August 5th, 2011

Hello Readers,

It’s August 5, 2011. I was supposed to be leaving for a backpacking trip in the Sierras today, but I had to postpone this until Monday. Good day to write a short blog article.

We are often approached for legal representation by people with imperfect credit: coming out of bankruptcies, foreclosures, repossessions, charge-offs, late-pays, etc. They frequently ask whether they can maintain a wrongful credit damage lawsuit even if the accurate parts of their credit report include negative entries.

The answer is yes, positively!

A person with imperfect credit may have to adjust their expectations downward in a credit damages lawsuit, because false information generally (but not always) does proportionally less damage if surrounded by accurate negative credit entries as opposed to accurate positive credit entries. However, both state and federal law permit consumers to pursue their rights under the Fair Credit Reporting Act, as well as the California version, the California Consumer Credit Reporting Agencies Act, even if their credit is not perfect. Under both laws, a prevailing plaintiff is entitled to an award of damages, possible punitive damages and their attorney’s fees and costs. As mentioned in other blog posts, my office usually takes these cases on a contingency or on a semi-contingency basis.

So, even if your credit is far from perfect, if you have FALSE or INACCURATE information on your credit report and you cannot get it removed in spite of your best efforts, you do have rights under both federal and state law, which may include compensation in your pocket.

Thanks for reading and I hope these “dog days of summer” (so named for the Dog Star, as I learned recently) are treating you well.

Bob Brennan

CEO of Fair Isaac Co. Gives Advice on Credit Scores

Tuesday, January 11th, 2011

Here’s a short article from Yahoo Finance in which the CEO of the Fair Isaac Co. discusses how to improve your credit score, as well as the types of things which can severely damage your score. Enjoy!

Many people have questions about the credit scores generated by Fair, Isaac & Co. Today on Tech Ticker, Aaron Task and I figured we’d take our questions straight to the source: Mark Greene, chief executive of Fair, Isaac & Co., creator and proprietor of the FICO score.

“The FICO score is a measure of a consumer’s financial health and creditworthiness,” Greene says. It’s simply a number, ranging from 300 to 850 — the higher the better. The average FICO score in the U.S. is about 700, and pretty much every bank in the country uses a FICO score when making lending decisions. But while the scores are important, they’re not the be all and end all.

“Scores are meant to be one of several things bankers use in doing what we call sound underwriting,” Greene says. Lenders should also be taking into account borrowers’ background references, their capacity to repay loans, and collateral.

FICO creates the score simply by feeding numbers into its formula: “It’s based on pure, statistical evidence, with no judgment or evaluation or emotion.” The main factors Fair, Isaac takes into consideration are:

• How much total indebtedness a consumer has

• How long they’ve had the debt. “Newer relationships are riskier than things you’ve been paying over a long period of time,” Greene says.

• How much available credit is being used: “If you’re close to the edge on your credit cards, that’s a danger signal.”

• The mix of an applicant’s credit portfolio — is it all credit cards (bad) or a mixture of credit cards, a mortgage, and a car loan (better)?

Greene outlines three key ways through which people can improve their scores. First, pay your bills on time. Second, don’t get close to the edge: “Don’t use more credit than you really need.” And third, don’t apply for new credit unless you absolutely have to.

It may sound obvious, but the easiest way to avoid a sharp downgrade in your FICO score is to stay current on your mortgage and stay solvent. “One thing people should know is that a foreclosed home or personal bankruptcy is the most severe harm that you can do to your credit score,” Greene says. FICO scores can fall by as much as 150 points when borrowers walk away from mortgages or declare bankruptcy; it can take up to seven years to rehabilitate the rating.

Greene helps clear up what may be some misconceptions about the way credit scores are calculated. For example, is it true that every time you apply for a loan it hurts your score?

“It depends on the kind of product you’re shopping for,” says Greene. With car loans, for example, Fair, Isaac understands that people shop for rates. “If you apply for five different car loans within a couple of days, we understand that you’re looking to buy one car at the best rate. And there’s no adverse impact on your credit score.”

On the other hand, when people apply for five different credit cards in the space of a week, they’re usually seeking to open multiple accounts simultaneously. “In those situations we will take a few points off someone’s FICO score because we’re worried they’re sending a signal that they need too much credit.”

Is it also true that people who have little or no debt may find themselves with lower credit scores? That can be the case. “Warren Buffett used to say that he didn’t have a particularly high credit score,” says Greene.

Consumers can obtain their FICO score from the company at myFico.com. Greene also points to a just-launched website, scoreinfo.org, that helps people understand how credit scores factor in this new era of financial regulation. As of January 2011, you have the right to receive your score any time a lender makes certain kinds of decisions — e.g., if you’re denied credit or given credit on less than the most favorable terms a lender offers.

In the U.S. economy today, people may frequently find that a credit score is being used by companies to make decisions that have nothing to do with credit. Credit scores have become part of the application process for jobs, car insurance, and health insurance. Greene notes that the credit score can be useful in non-lending contexts: “People who are good with their finances frequently turn out to be good drivers.” But he reiterates that they were designed for a purely financial use.

Bulls&*%$! Small Medical Debts Can Destroy Your Credit Score? YOU BET!

Thursday, January 6th, 2011

Tip of the day, which is a repeat but it’s an oldie-but-goodie: LOOK AT YOUR CREDIT REPORTS EVERY 90 DAYS OR SO, at a minimum. I don’t think obsessing over your credit report and monitoring it daily does anything other than perhaps driving you crazy, but at the same time, it’s positively mentally healthy to take a look at least quarterly. Here’s a story about how very small medical debts can FRIGGIN’ DESTROY your credit score and sideline you in the consumer financial game. When you see stuff like this, YOU MUST DISPUTE IT!

Medical Debts Could Kill Your Refinancing
by Cristina Lourosa-Ricardo
Wednesday, December 22, 2010

Two erroneous $11 doctor bills stopped Jeanne White from refinancing her home.

The 49-year-old resident of Colleyville, Texas, says she was shocked to learn in October that the two medical bills, which had been turned over to a collection agency, had caused her credit score to fall to 680 from 757 — making refinancing far too expensive.

“I was told I’d have to pay $14,000 in closing costs to get a 5.5% interest rate,” Ms. White says, substantially more than she would have paid with a higher credit score. When Ms. White, a retired sales manager, contacted the doctor’s office, she found out the bills had been issued in error.

Otherwise well-qualified borrowers with good loan-to-value ratios and steady employment are increasingly finding it difficult to refinance because of medical billing mistakes marring their credit, say mortgage bankers and real-estate agents.

Some 14 million Americans have errors on their credit report because of medical collections, according to the Commonwealth Fund, a Washington-based nonprofit focused on health-care research. These routinely small-balance blemishes, which can go unnoticed for years, can be a death knell for refinancing because they can cause outright refusals — or make closing costs so high that borrowers opt not to refinance at all.

A bill winding its way through Congress could provide relief for homeowners with medical-debt troubles. The Medical Debt Relief Act, which passed the House this fall and is now in the Senate, would remove settled medical debt from credit reports after 45 days, instead of the customary seven years.

Yet borrowers shouldn’t wait for relief from Washington, says Mark Rukavina, executive director of the Access Project, a Boston-based health-advocacy group. They need to take action themselves.

“Don’t assume that your credit score is pristine, and be vigilant about checking it for these medical bills,” Mr. Rukavina says, adding that borrowers should also contact a medical provider’s office immediately after a visit to ensure that all bills outstanding are covered.