Equifax Class Action Lawsuit Says Credit Reports are Inaccurate

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Equifax’s consumer credit reports are inaccurate in violation of the Fair Credit Reporting Act, according to a new class action lawsuit filed in Philadelphia.

Plaintiff Bart Springer states that in 2013, a tax lien for $6,700 was filed against him, and in March 2016, he paid off the lien.

Springer argues that the tax lien should have been removed from his credit report in August 2016, when the paperwork for the lien was filed.

He states that instead, Equifax Information Services LLC left the lien on his credit report until at least February 2017, when he applied for a loan.

Springer claims that Equifax knowingly publishes inaccurate public records about individuals. He alleges that Equifax uses an independent vendor to research consumers, but that the vendor only is required to report tax liens and judgements, and only is required to provide additional information on an individual if that information is “commercially viable.”

The Equifax class action lawsuit argues that the requirement to only pursue more information that is “commercially viable” leads the company to more vigorously investigate negative information about consumers than positive information. Springer says the fact that his tax lien remained on his Equifax credit record is symptomatic of this practice.

He states that “in short, Equifax published public records data that it knew would be inaccurate if a release, satisfaction, dismissal, vacated or appeal had occurred — relying on consumers to clean up their own lies via the dispute process after learning of the inaccuracy, rather than paying to have these dispositions collected with the same vigor that it collected records o the initial entry of judgement.”

Thus, the Equifax class action claims that Equifax’s practice put the responsibility of maintaining accurate records on the consumer, as oppose to the company itself, who should have been responsible for maintaining accurate records in accordance with the FCRA.

Springer claims that the FCRA requires consumer reporting agencies like Equifax to “follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates,” and that Equifax failed to fulfill this requirement.

The Equifax credit report class action lawsuit goes on to claim that Equifax willfully violated the FCRA by publishing inaccurate records. The Equifax inaccurate credit report class action lawsuit argues that “as a result of Equifax’s conduct, [Springer and other consumers] suffered particularized and concrete injuries, including damages to their reputations, reductions to their credit scores, and increased risks that they would be denied credit.”

Springer claims that this practice is consistent across the company, and that thousands of other consumers are similar affected. In addition, the plaintiff claims these consumers have been financially and emotionally injured as a result of Equifax’s alleged failure to maintain accurate records.

Through the Equifax FCRA violation class action lawsuit Springer seeks damages for himself and other affected consumers.

The plaintiff is represented by Shanon J. Carson, E. Michelle Drake and John G. Albanese of Berger & Montague PC and Michael K. Yarnoff of Kehoe Law Firm PC.

The Equifax False Credit Reports Class Action Lawsuit is Bart Springer v. Equifax Information Services LLC, Case No. 180501040, in the Philadelphia Court of Common Pleas.