Lost A Job Due To A False Background Check

'

A potential client asked me what I can do if they were applying for a job, and when they did a criminal background check, the company that was doing the background check reported that the person was a criminal (in this case a felon) when the potential client had never been arrested for any crime. The potential employer then calls the client, and says that they cannot hire a felon.

This particular case uncovers a sea of issues ranging from violation of the Fair Credit Act to defamation of character. Let’s take some time to address each of the components of this case individually to determine the best solution moving forward.

What happened?

The first thing to look at is what happened. In this case, the potential client was applying for a job that required that they undergo a background check. There are several kinds of background checks, including credit report, criminal history, and at a higher level, secret and top secret background checks.

What do you do if the background check says something false? What if they said that you were a felon in a state you had never even visited?

Responsibility of Background Check Company

Clearly, the first party responsible in this case is the company that did the original background check. They are clearly liable because they sent falsified information to your potential employer, which may have cost you your job. As a background agency, they have a duty to follow “procedures to assure the maximum possible accuracy.” They are guilty of violating this duty because the court of clerks produced documentation to prove the information in their background check was false. Because they failed to uphold this duty, they are not doing their job and are in violation of the Fair Credit Act. You are probably wondering how a background agency can be held to fair credit law. It’s quite simple; a background agency is subject to the Fair Credit Reporting Act because they report on “credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.”

Responsibility of the employer

Depending upon additional details gathered in this case, they employer may bear some responsibility as well. Based on the information that came back in this false background check, it is clear that the company decided not to hire the candidate in question. However, the candidate was not notified properly by the employer, stating that they would not be moving forward and why. Failure to notify candidates in the proper manner is also a violation of the Fair Credit Act. The employer may also be guilty of wrongdoing in this case.

Do you need an Attorney Experienced in the Fair Credit Reporting Act?

Absolutely! This is a very strong case for an attorney with experience in the Fair Credit Reporting Act, with the proper documentation. You should not only be able to prove violation of the Fair Credit Act, and recover the lost income, but also seek punitive damages. You may also be able to recover for defamation of character as a result of this experience. Your Fair Credit attorney will guide you through the process of getting the compensation you deserve in this case.

If you need help with this, Krumbein Consumer Legal Services is experienced in litigating background check errors, and credit report errors.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

Old International Student Loans

International Dilemma: I owe the Swedish government for my student loans. Do I still have to pay?

'

Tackling legal challenges can get a bit precarious when they are international. There are many factors to take into consideration, like the laws of that foreign country and how they translate into the U.S., statute of limitations and the validity of the actual debt in question.

Collecting the Debt

This debt is over 15 years old, and no payments have been made on it. We will discuss the legal obligation to pay in this post, only, and not the moral obligations of payment. In this case, the creditor would have 2 choice- to sue in Sweden to enforce the debt and then domesticate the judgment here under the Uniform Enforcement of Foreign Judgments Act, or sue here. As long as the underlying judgment is valid in Sweden, the Swedish creditor could move to domesticate the judgment. The Swedish government would, however, need a court order to legally enforce this judgment in the U.S.

Follow the Rules

Though the Swedish government may be able to domesticate this judgment, the collectors for the loan still have to follow all of the rules of the Fair Debt Collection Practices Act (FDCPA), including time to bring a suit, avoiding abuse, false statements or unfair actions. They would also need to comply with the Fair Credit Reporting Act, as this debt is too old to include on your credit report; it is 15 years old and past the statute of limitations for credit reporting.

Questions

There are still many questions to be answered on the validity of this debt as we are unsure of the statute of limitations on student loans in Sweden. It is possible that this debt is invalid, if in fact, the Swedish statute of limitations has passed. However, if this debt is valid and the Swedish statute of limitations has not expired, the creditor can sue in the U.S. They cannot, however, garnish your wages without a judgment because it is not a U.S. Federal student loan.

A consumer protection lawyer can help sort out the details of this case.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.592.0792
You can fax us: 804.234.1159
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
1650 Willow Lawn Drive
Suite 201
Richmond, VA 23230

Collection Agency Threatening Legal Action From Over 8 Years Ago

'

There are several different perspectives to explore in this case.

Defense Against the Collection Lawsuit

The first issue is the length of time that has transpired since the original debt in the case. The longest statute of limitations in Virginia is 5 years. Because the debt is beyond the statute of limitation, you no longer have a legal obligation to pay. But you need to remember that the statute of limitations in Virginia is an affirmative defense, not a complete umbrella to a lawsuit. As a result, the threat is still real. They can sue, but you have a defense. You should plan for that defense.

Fair Debt Collection Practices Act

The collector in this case has violated the Fair Debt Collection Practices Act (FDCPA) by threatening to sue past the statute of limitations. A threat to sue, when there is no right to sue, or there is a legal defense that will defeat the claim that the collector knows of, is a threat to take an action that is not permitted.

Kimber vs. Federal Financial Corporation

A similar case was filed in the Alabama District Court in August of 1987. In the case, Ms. Kimber sued the collector for attempting to collect debts from her and other Alabama residents after the debt had passed the statute of limitations. She argued this case not only because her creditor threatened to sue without giving proper notice, but also because the debt in question was considered “stale,” beyond the Alabama statute of limitations. In such a case where it seems pretty apparent that the creditor has violated the FDCPA, it is prudent that you hire an attorney to review your case

For an additional examples of similar FDCPA cases, check out Freyermuth vs. Credit Bureau Services.

But should you pay anyway?

The next question in this case to consider – does this debt actually belong to you? While the statute of limitations on this debt may have already expired, if you have the money, you should consider paying, because it is the right thing to do. This is isn’t a legal obligation, just the right thing to do. But you need to consider the credit reporting consequences. It is possible that by paying the debt, that the collector may report that the debt is now paid, or that you made a payment, restarting the time the debt can be reported on your credit report.

Should creditor be reporting debt on your credit report?

Lastly, it is also important to investigate whether or not the creditor is actually reporting this debt on your credit report. Two issues may arise if this is the case: 1.) If the debt is false, then you need to follow the necessary procedures with your creditor and the credit bureaus to dispute this; 2.) If the debt is not false, but is past the statute of limitations, you may also dispute.

In either case, it is good to hire an attorney to map out your options.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

Credit Reporting And Duty To Pay

Question: Do I have to pay even if a credit reporting agency has done an investigation and deleted the bills off my credit report?

'

There is no cut and dry answer to this question.

The reason why there is no cut and dry answer is because there are many different variables that can dictate whether or not you are still responsible for a debt, even though it has been deleted from your credit report. Strangely enough, credit reporting and duty to pay are completely unrelated.

The Credit Report side

Companies are not required by law to report your debt to the credit bureaus, which means that you can still have an outstanding debt with them even though it is not on your credit report. Therefore, you may still have an obligation to pay. Before making a rash decision about which debts you will and will not pay based upon what is reported on your credit report, make sure you fully understand your duty to pay. There are two types of duties to pay.
Further, even if you do have to pay, there is a time limit for them to report the debt- typically 7 years.

The Duty To Pay

The first is quite simple; it is your moral duty to pay. A moral duty to pay is simply an obligation to pay a debt because it is the right thing to do and it has no expiration date.
A legal duty to pay is a little more complex. A legal duty to pay has an expiration date or statute of limitations. The statute of limitations on your debt will vary depending upon the debt. Here is a blog post on statutes of limitations.

The Difference is Important

Why is it important to understand the statute of limitations for your legal duty to pay? It is important because you can be sued and taken to court within the statute of limitations, even if the company is not reporting your debt to the credit bureaus. So, just because your debt has been removed from your credit report does not make you immune; you are still responsible for that debt, both legally for a period of time and morally forever.

What To Do With a Debt

So, if you have debt that you owe that is not being reported on your credit report, you may need to deal with it anyway, if the statute of limitations has not expired. If a judgment is entered against you, then that judgment is on your credit report for 10 years.
So, as you are investigating the debts, both on and off your credit report, the questions you want to ask are the following:
• Is it really your debt?
• Is it in the statute of limitations?
Once the statute of limitations is up for your debt, your debt collector can no longer take you to court; it has expired. If a debt collector is trying to collect a debt from you that is not yours, you might want to consult an attorney to learn more about your rights and options to take this case to court.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.
YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation. They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

HOW TO: Fix a false utility company entry

Whenever a cable company or utility company allegedly reports incorrect information on your credit report, damaging your credit score, you, the consumer, are unfortunately responsible for the burden of proof to correct this. While this can be frustrating, it can be addressed as long as you are willing to follow the process to fix it. First, you must verify that the information on the credit report is incorrect. Second, you must make sure you’ve jumped through all the necessary legal hoops to take the case to court. Let’s delve into this a little further.

If the cable company in question is reporting information to the credit bureau, you need to be sure that the information is in fact false. Review all previous payment records to support and make sure that what they are reporting- that you are delinquent in your utility bill- is false. You may need to prove that you made all the payments and turned in the cable box. You may need to prove that you turned off the service. The hardest thing to prove is that the service was not provided to you- that it is ID theft.   Start with offering this information to the utility company. Give them the opportunity to know what the problem is, and how to fix it.

Once you are certain that the information is incorrect, you can start to jump through the legal hoops to make a valid lawsuit.

Construct a proper dispute letter to send to the credit bureaus. A proper dispute letter should include a detailed explanation of what is wrong and what changes need to be made. It can also explain the damages that have been caused as a result of this wrongdoing and your documented history of payments to support your claim. You should send this letter to the credit bureaus by US certified mail, return receipt requested to the office address of the credit bureaus.

Some times it will take more than 1 dispute. You should provide more information each time you send a dispute. Don’t give up.  Repeated efforts do pay off.

It is possible to reach a resolution with the credit bureaus by following this process. However, if you do not reach a resolution after following these steps, consult an attorney to discuss taking this case to court.

The following is a quick summary of questions to consider as you walk through this process:

  • What information is false?
  • How can I verify that this information is false?
  • Did I tell the credit bureaus what is wrong and how to fix it?
  • Did I have a consequence of this harm? Did I get denied credit, or charged a higher interest rate?

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES. 

YOU MUST BE A VIRGINIA RESIDENT.

OUR FEES: Our fees are controlled by the local rules and your situation.  They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

Debt Collectors on Credit Reports

What do you do with a debt collector on your credit report?

We have previously discussed that debt collectors are not permitted to make any false or misleading statements. One of the ways that a debt collector can make a false or misleading statement is on a credit report.

A debt collector is not permitted to threaten or communicate false information, including the failure to identify that the debt is disputed. Title 15 U.S.C. section 1692e subsection (8).

This means that any time a debt collector reports to a credit reporting agency, they must identify that the debt is at least disputed, and if they know or have a reason to know that the debt is not valid, they are not permitted to report it at all. Further, if you dispute the debt, they are required to show that the debt is disputed.

Quite instructional, is the case Brady v. Credit Recovery Co, 160 F.3d 64 (1st Cir, 1998).  In the Brady case, the Mr. Brady never signed the lease in question. When Credit Recovery sent him a collections letter, he called them, and told them he never signed. He also did not send them a dispute letter (a mistake on his behalf, but not fatal).  Then, time went by. Mr. Brady decided to buy a house. He applied for a mortgage, and the lender saw that Credit Recovery was there, and not even bothering to report that the debt was disputed. The 1st Circuit held that once the consumer disputed the debt, the debt collector had to at least identify the account as disputed, and their failure to do so violated the FDCPA.

But the key here, is a factor of proof. You have to be able to prove that the debt collector reported the debt to the credit bureaus after you disputed. So how do you  ensure that this is in fact what happened?

You send a dispute letter under the FCRA to the credit bureaus.

This is important. The reason this is important, is that by doing the dispute, you force the debt collector to respond to the dispute. What should you put in the dispute letter to the credit bureaus? That depends on the facts. If the debt is not yours, you should explain that it is not your debt. If it is a debt that is beyond the statute of limitations, you should tell them that. If the debt is simply disputed, you should tell them that. Each of these, forces the debt collector to do an investigation, and report back to the credit bureaus. Once they do so, their failure to report correctly can result in a FDCPA violation, and in the right circumstance, a FCRA violation.

 

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES. 

YOU MUST BE A VIRGINIA RESIDENT.

 

OUR FEES: Our fees are controlled by the local rules and your situation.  They may vary from “free” or probono representation to a flat fee to an hourly fee, depending on your situation.

Your Name (required)

Your Email (required)

Subject

Please describe the problem and what you want us to do.

If you are not a Virginia Resident, click here to find a lawyer near you.

Contact us by e-mail or by telephone or fax or US Mail.

You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230

HOWTO: Fix false information on your credit file

HOW TO GET FALSE INFORMATION CORRECTED ON YOUR CREDIT FILE

'Paperwork' photo
People occasionally want to have information removed from their credit file, but are not sure exactly what is wrong.

FIRST: get a copy of your credit file from Equifax, TransUnion and Experian.

To order by phone, you can call the central source for these files, at 877-322-8228 (877-FACT-ACT).  This is a phone call, and the process takes about 10 minutes.  This call is to the central source for Equifax, TransUnion and Experian.  You will need your name, address, prior address if you have lived there less than 2 years, and your social security number.

To order by mail, you download the form, print it and mail it.  The address is Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.

SECOND; Determine what is wrong.

Once you have your credit file, you will need to read the contents.

For each of the 3 agencies, there are 4 areas to look at.

Personal identifier information: This is your name, address, sometimes former addresses, social security number, and maybe a phone number.  Check this information for inaccurate identification of you. This indicates that there are serious errors.

Public records: anything filed in courts, like Bankruptcies, judgments and tax liens. Generally, it is not good to have anything in the public records. Judgments can be reported for 7 years, Bankruptcies for 10, and tax liens can be reported for 7 years after they are paid. (while they are unpaid, the clock does not start)

Trade lines: these are the accounts in your name.  There are 2 kinds- negative, and positive.

Negative: These are the accounts that are in your name that have something not good about you. Late payments, defaults, charge-offs and other negative information.  Negative trade lines can be reported for 7 years.

Positive: These are the accounts that are in your name that have only positive information about you.  On time payments, and accounts that have been paid are examples. These accounts can be reported forever.

Inquiries: This is a list of who has looked at your credit file in the last 2 years. Some inquiries are for the preliminary purpose of qualifying you for a loan. Some are inquiries made by creditors or potential creditors to determine if you are someone they wish to do business with or wish to continue doing business.

THIRD: Dispute inaccurate or false information.

If there is information on it that is wrong or false, you should write a letter and send it by certified mail, return receipt requested to the agency that has the false information. Many people try to start with the information source, but this does not preserve your rights.  It is a good idea to write to the information source, but it is not required.  Do not write the same letter to the information source that goes to Equifax, TransUnion and Experian.  Keep a copy of the credit file, your letter, the certificate of mailing, the return receipt and the response you get from Equifax, TransUnion and Experian.  Your lawyer will need this.

The next phase is is really a repeat of the third phase, with more information-send an affidavit to Equifax, TransUnion and Experian, showing that the information is inaccurate, and asking them to correct this information.  If the account is incorrect due to ID Theft, you should use the FTC’s ID Theft Affidavit.  Again, send this by Certified Mail, Return Receipt Requested. Keep a copy of your letter, the certificate of mailing, the return receipt and the response you get from Equifax, TransUnion and Experian.

Keep trying, and it is possible that they will correct the inaccurate information.

If they fail to fix the information, you can come see us.  Please bring with you all the information, including the credit file disclosures they have sent you, the mailing documents, and the letters you sent.

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES. 

YOU MUST BE A VIRGINIA RESIDENT.

 

If you are not a Virginia Resident, click here to find a lawyer near you.

If you have been impacted by anything we mentioned here, you can make an appointment to see us.

NO FEE IN YOUR FCRA CASE UNLESS WE RECOVER!!

 

 

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

Contact us by e-mail or by telephone or fax or US Mail.
You can call us: 804.303.0204
You can fax us: 804.303.0209
You can contact us by US MAIL:
Krumbein Consumer Legal Services, Inc.
5310 Markel Rd.
Suite 102
Richmond, VA 23230