The Telephonic Consumer Protection Act

Consumer statutes are enacted to create a balance for buyers in the marketplace and prevent sellers from using unfair tactics.  The Telephone Consumer Protection Act (“TCPA”)  is a consumer minded statute enacted in 1991 that prohibits telemarketers, banks, debt collectors and any other companies from using autodialers or robocalls to contact you at home or […]
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Larry Smith answers on Employment Background Checks

Our very own consumer rights attorney, Larry Smith, contributed to the article “Does Your Credit Score Show Up on Your Background Check?” with Opploans.  So, does your credit score show up on your background check?  “In a word, no,” answered Larry P. Smith (@LarryPSmithlaw), an attorney at SmithMarco. “Credit scores typically do not show up […]
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More Employment Background Check Class Action Lawsuits

Pepsi Beverage Company recently agreed to pay over $1 million to settle a class action lawsuit against the beverage giant alleging it violated the Fair Credit Reporting Act (“FCRA”) by failing to conduct compliant employment background checks. Accessed Credit Files Without Consent of Applicants Specifically, sometime in or around September of 2015, a class action […]
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What to do when you are Denied Credit

Regardless of the reason for needing a loan, getting denied can be frustrating for a consumer looking to improve his or her financial well being.  But rather than taking a loan denial personally, you can take steps to understand why you were denied and work to fix your credit so it does not happen again […]
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Divorce and Your Credit Report

With the stress of divorce and/or marital separation comes the stress of paying your bills and dividing your finances.  Maintaining good credit post divorce can be challenging.  It is important to understand that a legal separation does not alleviate you of your responsibility and obligation to pay your bills with your spouse that were joint […]
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Are Creditors Required to Report your History?

In January of 2018, GM Financial, the automotive lending giant, ceased to report any of its account information to the credit reporting agencies for as many as 2.5 million of its customers.  Consumers were left with blank information which could essentially alter their credit score.  Is it legal for a creditor to stop reporting information?  […]
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Closing Credit Cards and your Credit Score

Before making a decision to close that credit card account you do not use anymore that is just sitting open on your credit report, consider what it could do to your score.  Length of Credit History The length of your credit history makes up about 15% of your credit score. This 15% takes into account the length […]
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Alternative Data Could Help Some Consumers Get Credit

Believe it or not, it has been over 75 years since two mathematicians named William Fair and Earl Isaac created the credit scoring system, more commonly known as Fair Isaac or FICO, which has been the main tool for valuing your credit standing since the mid 1950s. While this model maintains its position as the […]
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What Must Be Disclosed Before Employment Background Check

When it comes to applying for a job, the application process is no longer as simple as filling out paperwork and going for an interview.  With the availability of consumer data and the internet, employers now can conduct a more extensive background check when you apply for a job.  Gone are the days of being […]
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Snacking Giant Pays in Background Check Lawsuit

Last month, Frito-Lay, Inc., one of the largest snack food manufacturers, generating over $1 billion in sales over the past year, agreed to pay $2.4 million to settle a class action lawsuit over alleged violations of the Fair Credit Reporting Act (“FCRA”) for improper handling of background checks. FCRA Regulations Under the FCRA, when an […]
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