Victory for consumers in a Fair Credit Reporting Act case! The government is not above the law in cases where it refuses to remove false information from a consumer report. In the attached opinion, this firm defeated the government’s attempt to weasel out of the law that applies to all furnishers of credit information. Order Denying Defendant’s Motion to Dismiss
I was in Court the other day, representing a client who was being sued by a debt collector. Prior to my client’s case being called, I watched a debtor try to explain to the judge why she did not owe the debt. Her explanation sounded plausible, but the judge gave the debt collector a judgment for the full amount.
You might ask, “Why did this happen?” Well, it turns out that the debtor failed to answer the complaint correctly, missed a deadline for answering discovery, and did not respond on time to a motion filed by the debt collectors attorneys. The judgment was over $10,000.00.
The judge called my client’s case next. It was a lawsuit for more than $10,000.00. I pointed out to the Judge that the other side had failed to meet a crucial deadline. The Judge agreed and the debt collector’s lawsuit became worth very little. After that hearing, the case settled for a very small amount. My client saved over $7,500.00 and more importantly, my client did not get a judgment on his credit report.
The difference between these two outcomes is stark.
If you are sued, get a lawyer who knows what he or she is doing.