cancel
Showing results for 
Search instead for 
Did you mean: 

Getting Midland/LVNV/PRA Judgment removed for violation of FCRA???

tag
Anonymous
Not applicable

Getting Midland/LVNV/PRA Judgment removed for violation of FCRA???

Hi!

 

OK, so I have 2 judgements from Midland Funding to Mary jane Elliott (Atty in Michigan) for Old bills, I did not go to court and they were awarded default judgements.

 

The other day I received a letter in the mail that I have been named in a Class action law suit against Mairy Jane Elliott and Midland funding (and Midland, LVNV, and Portfolio Recovery are listed also, suprise, suprise!!!!)  Siting violation of the FCRA.  Since I have thesse Judgements on my record from them, (One is paid in full and the other is curently in Gernishment form wages and almost paid)  

 

Can I at least get them removed from my credit report (due to report until 2020) for illegal reporting?  Should i removemyself from the Class action to be able to treaten to sue seperately??

 

 

Help!!!!  Time sensitive

Message 1 of 5
4 REPLIES 4
RobertEG
Legendary Contributor

Re: Can I get a Midland/LVNV/PRA Judgment removed for violation of FCRA???

Can you clarify.... you are being included as a plaintiff in a class action lawsuit, or has the suit been tried and completed?

What is the basis for the suit?

Does that basis apply to your already concluded judgment?

Consumers normally do not have a right to private civil action for assertions of inaccurate reporting to a CRA.  FCRA 623(c).

Is the suit involved being brought by an agency, such as the FTC or CFPB?

 

Lots of unclear issues.......

 

 

Message 2 of 5
Anonymous
Not applicable

Re: Can I get a Midland/LVNV/PRA Judgment removed for violation of FCRA???

Suit is against MJE and others, it lists myself as Plaintiss in class action, with MANY others, stating thta MJE  and LVNV and Portfolio Recovery were in violation of FCRA, and MJE and LVNV and Portfolio recovery are agreeing to settlement to avoid trial.

 

Which sounds to me like admission of guilt to violating Fair Credit reporting Act, and if they have violated Fair credit reporting act, then, it should stand to reason that they should be removed from Credit report???

Message 3 of 5
RobertEG
Legendary Contributor

Re: Getting Midland/LVNV/PRA Judgment removed for violation of FCRA???

Civil liability for violations of the FCRA are defined under FCRA 616-620, and include damages and possible legal fees.

Deletion of credit reporting is not, per se, a required penalty.

A judge could always include credit reporting as a required verdict, but unless the finding includes one of the reasons for deletion set forth under the FCRA, it is not normal.

 

"Illegal reporting" is set forth under FCRA 623(a)(1)(a) as being reporting done with actual knowledge that it is erroneous.

However, the normal provisions for liability for violation of the FCRA are explicitly excluded if the violation is under section 623(a).

See FCRA 623(c).

Which begs the question as to how an asserted violation of FCRA 623(a) can be the cause of private civil action in your suit.

It is unclear as to how they can have any liability, let alone one of credit report deletion.

 

Mandatory credit report deletion is reserved under the FCRA if a dispute is filed and the disputed information cannot either be verified as to its accuracy, or corrected so as to overcome the established inaccuracy.

Private civil liability is then possible, but only as to a private civil action asserting lack of reasonable investigation of your dispute, not for having reported inaccurate information per se.

See FCRA 623(c).

 

What is the specific cause of action that is asserted in the civil action?

Message 4 of 5
Anonymous
Not applicable

Re: Can I get a Midland/LVNV/PRA Judgment removed for violation of FCRA???

hello there first timer. as to midland funding and portfolio recovery class action. if you got a post card regarding unfair collecting practices and signed up they are supposed to remove this from your credit file. i was apart of both agency class actions  and won they did remove from transunion and equfax but for some reason it is still under experian and they did not remove from court i will have to go back and fight this one. they also i believe   changed there name and  added back on to credit report you must dispute thiis it will look like a new debt just added. i will be filing a complaint. good luck

Message 5 of 5
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.