Posts Tagged ‘FICO damage’

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

FINALLY! The Industry and the new Consumer Financial Protection Bureau Address the Problem of Widely Varying Credit Scores.

Wednesday, August 3rd, 2011

Boy, is this study overdue!

The new Consumer Financial Protection Bureau will undertake a study, with information provided by the credit bureaus, to address the problem of wide variations of credit scores that have been noted by so many consumers.

This short article describes the study to be done.

My only problem with the article is that it seems just a bit…pansy. Here’s my opinion of the real situation: the article below mentions the fact that the bureaus weight and process the information differently for different end-users of the credit scores. All true. What the article does not address is the fact that this rule holds true for the “consumer disclosures” (industry phrase for consumer credit report) which the bureaus provide to consumers. So, the calculations (industry term is “algorithms”, which is a mathematical term which basically means “formula”) for the consumer reports are different than the calculations for the various lenders, potential employers, insurers, etc. who may pull the report in connection with a loan, job or insurance application.

In other words, consumers consistently get the “white-washed” credit score. Potential lenders, etc. can and often do get something quite different.

Here’s the article, from Yahoo Finance. I hope you enjoy it.

Personal finance experts extol the benefits of periodically reviewing your credit report and score. In fact, credit reports are so important that federal law requires the three major credit reporting agencies to make credit reports available for free (see annualcreditreport.com for more details). While federal law generally does not require credit reporting agencies to give consumers their credit scores, there are many ways to get your score for free. And it’s consumers’ access to their credit score that has created a problem.
Consumers can purchase their credit score in several ways. They can get access to their credit score from one of the three major credit reporting agencies when they get their credit reports.
Consumers can also get their credit scores as part of purchasing either credit monitoring or identity theft protection services. And here’s the problem–the credit score consumers receive is not the same credit score lenders receive when evaluating an application for credit.
The Dodd-Frank Wall Street Reform and Consumer Protection Act addressed this discrepancy. The Act requires the newly formed Consumer Protection Financial Bureau to “conduct a study on the nature, range, and size of variations between the credit scores sold to creditors and those sold to consumers by consumer reporting agencies that compile and maintain files on consumers on a nationwide basis? and whether such variations disadvantage consumers.”
Last month, the CPFB released its first report on the differences between credit scores sold to creditors and scores sold to consumers. And the conclusion was eye-opening: “When a consumer purchases a score from a [credit reporting agency], it is likely that the credit score that the consumer receives will not be the same score as that purchased and used by a lender to whom the consumer applies for a loan.”
There are several potential reasons why scores may vary:
1. Educational Scores: The scores consumers purchase are often what the CPFB calls “educational scores.” While these scores may provide consumers with some indication of how potential lenders will view their credit worthiness, educational scores vary from the industry standard FICO score.
2. Industry Scores: Even if a consumer purchases his or her FICO credit score, it may vary from industry specific FICO scores. Not all FICO scores are the same, and certain industries (e.g., auto and home loans) use variations of the FICO scoring formula designed specifically for those industries.
3. Custom Scores: As if educational and industry scores were not confusing enough, some of the larger industries use custom formulas specific to their business. These scores typically start with a FICO score, and then make adjustments to the score based on a proprietary scoring formula known only to that company.
4. Credit Reporting Agency Variations: The three major credit reporting agencies generally have different information on file for each individual in their databases. As a result, even if the same scoring formula were applied to the data on file, the credit reporting agencies would typically generate different credit scores based on the information they have on file. As a result, a consumer purchased credit score would likely vary from what a lender sees if the scores are generated from different credit reporting agencies.
So just how big is the difference in scores? It’s that questions that the CPFB is studying. In conjunction with the credit reporting agencies, the CPFB is conducting a study to determine the scope of the variances between credit scores provided to consumers and those provided to lenders.
To undertake this study, each of the three national credit reporting agencies will provide data on 200,000 consumers to the CPFB. The data will not include any information that could identify the consumer files selected for the study. According to the CPFB report, the “purpose of the data analysis will be to determine with greater precision and understanding the nature, range, and size of variations between the credit scores most frequently sold to creditors and those most frequently sold to consumers.”
For now, however, consumers will have to accept that there is no “true” credit score. In fact, given educational scores, industry scores, custom scores, and variances in credit history among the three national credit reporting agencies, most consumers likely have many credit scores. And while educational scores can provide insight into the credit worthiness of a consumer, it’s best to take the score with a healthy grain of salt.