How would you feel if you applied for a mortgage, then found out that the consumer report supplied to the lender reported that you were a suspected narcotic trafficker? The complaint for this class action alleges that CoreLogic CredCo, LLC, which provides consumer reports, violated California UCL law and the federal Fair Credit Reporting Act (FCRA) in a number of ways in connection with this report, including by refusing to respond to a request for correction.
Plaintiff Marco A. Fernandez was trying to buy a home when he applied for a loan from Pulte Mortgage, LLC. Pulte requested a consumer report from Credco. The report showed that he was on the OFAC SDN and Blocked Persons List.
What is this list? The Treasury Department has an Office of Foreign Assets Control (OFAC). The Treasury Department website says that OFAC publishes a list “targeted countries”, with the names of “individuals, groups, and entities, such as terrorists and narcotics traffickers…” These entities are called Specially Designated Nationals (SDN) “Their assets are blocked and U.S. persons are generally prohibited from dealing with them.”
When Fernandez investigated, he found that the report was based on information about a person with different first and last names (Mario Alberto Fernandez Santana rather than Marco Antonio Fernandez), a different date of birth, and a different address (in Mexico, where Fernandez has never lived).
Fernandez sent a certified letter to Credco, seeking to dispute the report, but he never received an answer. When he requested his report from the company, it did not list the disputed item and did not indicate that a report had been given to Pulte.
The complaint alleges that he violated the FCRA and California laws in a number of ways:
- By not responding to his letter disputing the entry
- By omitting the falsely-reported information on the report supplied to him
- By failing to name Pulte as someone who had obtained his report
- By not originally confirming whether Fernandez was on the OFAC SDN List
- By not doing due diligence in ensuring that names and other information matched
A number of classes and subclasses have been defined for this action.
The Inaccurate Reporting Class is all individuals who were the subjects of consumer reports provided by Credco which contained public record information in the OFAC SDN section where the name, date of birth, or address in the government database does not match those of the subject of the report, between July 6, 2013 and the date the class list is prepared. There are an Inaccurate Reporting FCRA Subclass and an Inaccurate Reporting UCL Subclass, relating to the respective laws violated.
Additionally, there is a Failure to Disclose Class, a Failure to Disclose UCL Subclass, a Failure to Identify Class, and a Failure to Identify Subclass. For details of these, see the Complaint section of the documents linked below.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Credco Consumer Report “Suspected Narcotics Trafficker” Entry Complaint
July 6, 2020
How would you feel if you applied for a mortgage, then found out that the consumer report supplied to the lender reported that you were a suspected narcotic trafficker? The complaint for this class action alleges that CoreLogic CredCo, LLC, which provides consumer reports, violated California UCL law and the federal Fair Credit Reporting Act (FCRA) in a number of ways in connection with this report, including by refusing to respond to a request for correction.
Credco Consumer Report “Suspected Narcotics Trafficker” Entry ComplaintCase Event History
Credco Consumer Report “Suspected Narcotics Trafficker” Entry Complaint
July 6, 2020
How would you feel if you applied for a mortgage, then found out that the consumer report supplied to the lender reported that you were a suspected narcotic trafficker? The complaint for this class action alleges that CoreLogic CredCo, LLC, which provides consumer reports, violated California UCL law and the federal Fair Credit Reporting Act (FCRA) in a number of ways in connection with this report, including by refusing to respond to a request for correction.
Credco Consumer Report “Suspected Narcotics Trafficker” Entry Complaint