Experian Information Solutions, Inc. is one of the Big Three consumer reporting agencies that maintains information and compiles reports on consumers, for the use of credit card companies, other lenders, employers, and landlords. However, the complaint for this class action alleges that Experian does not provide to consumers with all the disclosures about consumer rights required by the Fair Credit Reporting Act (FCRA) and its implementing regulations, Regulation V.
The class for this action is all similarly-situated consumers who received a consumer report or file disclosure from Experian with a Summary of Rights section that was identical or substantially similar to the Summary of Rights section in Exhibit A to this complaint.
Unfortunately, the complaint says that errors in consumer reporting are “not rare” and consumers must know their rights about the information being provided.
The Consumer Financial Protection Bureau (CFPB) has provided details on the notice of consumer rights that consumer reporting agencies (CRAs) must provide along with consumer reports. It even offers a form notice that CRAs may use for this purpose. The complaint alleges, “Inexplicably, Experian chose not only to deviate from the form notice but to excise certain information that the FCRA expressly requires from the notice it provided entirely.”
In this case, on or before June 2, 2020, plaintiff Charlotte Muha asked Experian for a copy of her consumer report or file disclosure. Experian provided it. A copy was attached to the complaint for this class action when it was filed as Exhibit A.
The complaint alleges, “The ‘Summary of Rights’ portion of the consumer report or filed disclosure in Exhibit A is inconsistent with [the law] and Appendix K of Regulation V because it does not include ‘a statement that the consumer may have additional rights under State law, and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general (or the equivalent thereof) to learn of those rights.”
According to the complaint, the Summary of Rights in Exhibit A omits the following statement, from Regulation V: “States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. For information about your federal rights, contact:…”
The complaint alleges that Experian could simply have used the standard form provided by Regulation V, but that it consciously chose to omit this information to make it less likely that consumers would contact state or local consumer protection agencies and attorney generals.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Experian Summary of Rights Omits Information About State Rights FCRA Complaint
January 14, 2022
Experian Information Solutions, Inc. is one of the Big Three consumer reporting agencies that maintains information and compiles reports on consumers, for the use of credit card companies, other lenders, employers, and landlords. However, the complaint for this class action alleges that Experian does not provide to consumers with all the disclosures about consumer rights required by the Fair Credit Reporting Act (FCRA) and its implementing regulations, Regulation V.
Experian Summary of Rights Omits Information About State Rights FCRA ComplaintCase Event History
Experian Summary of Rights Omits Information About State Rights FCRA Complaint
January 14, 2022
Experian Information Solutions, Inc. is one of the Big Three consumer reporting agencies that maintains information and compiles reports on consumers, for the use of credit card companies, other lenders, employers, and landlords. However, the complaint for this class action alleges that Experian does not provide to consumers with all the disclosures about consumer rights required by the Fair Credit Reporting Act (FCRA) and its implementing regulations, Regulation V.
Experian Summary of Rights Omits Information About State Rights FCRA Complaint