Lardizabal v American Express National Bank., et al.,
U.S.D.C., S.D. Cal., Case No. 3:22-cv-00345-MMA-KSC
SAN DIEGO, CA, UNITED STATES, May 11, 2022 /EINPresswire.com/ — In March of 2022, the Swigart Law Group, APC, filed a Federal lawsuit against Arvest Central Mortgage Company (“Arvest”) and several other original creditors as well as the credit reporting agencies, Equifax Information Services, LLC, Experian Information Solutions, Inc., Innovis Data Solutions, Inc., and Trans Union, LLC. The complaint alleges multiple violations of the Fair Credit Reporting Act (“FCRA”), and the California equivalent, the Consumer Credit Reporting Agencies Act (“CCRAA”).
Around October 2020, Mr. Lardizabal decided to take advantage of favorable market conditions and refinance his properties, access equity, and purchase additional real estate. However, Plaintiff’s applications to were continuously denied. This prompted Mr. Lardizabal to request his official credit reports from annualcreditreport.com. After examining his reports, Mr. Lardizabal was shocked to discover several inaccuracies on his reports such as, names and social security numbers that did not belong to him. Additionally, Arvest, incorrectly reported that Plaintiff made a late payment in October 2020. Mr. Lardizabal knew the information Arvest reported was inaccurate because he made all payments on time.
After discovering the inaccuracies on his reports, Mr. Lardizabal mailed written dispute letters to the credit reporting agencies. The dispute letters specifically identified the Arvest account on the reports and explained that he made all payments on time and attached proof of his payments. Mr. Lardizabal’s dispute letters requested that Arvest and the credit reporting agencies correct the inaccuracy. However, despite receipt of Mr. Lardizabal’s letters, the credit reporting agencies and Arvest verified the account as accurate and continue to report the inaccurate information every 30-days. The conduct of Arvest and the credit reporting agencies significantly damaged Mr. Lardizabal’s credit and was a factor that prevented him from qualifying for refinancing options, accessing his equity, and purchasing additional property during favorable market conditions.
After exhausting all available means to have the inaccurate Arvest account corrected on his credit reports, Mr. Lardizabal had no choice but to retain the Swigart Law Group, APC, a consumer rights firm practicing exclusively on behalf of aggrieved individuals to pursue legal action. There were no upfront costs, and a favorable result is anticipated.
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