FCRA Claims can be Brought Against Federal Agencies
For those of you who are on the receiving end of credit dings due to federal agencies messing up your student loans, the recent Kirtz decision allows a consumer to sue a federal agency under 15 U.S.C. Sections 1681n and 1681o for defying the terms of the Fair Credit Reporting Act. The history of this case can be found here:
While the case itself dealt with some agricultural entity, it will apply to all federal agencies that seek immunity from wrongdoing under the FCRA. Only those in the 3rd Circuit are legally bound, but opinions like this have a way of wandering to other circuits and directly affecting the laws there almost immediately.
We are now regularly seeing false information being reported on someone’s credit reports about the remaining balance, payment status and other student loan related information. Please reach out to us to help evaluate whether you have a case under the FCRA. Remember, negative information on your credit can wreck havoc on other things including:
- the cost of insurance,
- interest you pay on other debt,
- acceptance or denial of credit for vehicles or other lines of credit,
- where you live (rental apps or mortgage underwriting), and
- where you work (job applications and background searches).
This is not something that you must simply take lying down. We have brought many FCRA cases over the years, with our co-counsel, and have obtained significant student loan forgiveness for clients whose situations did not allow for forgiveness in the regular course. Usually that has been for private student loans, but now this will clearly open the door for federal relief as well.
