Lawsuits Filed Against Experian for Reporting Accounts Originated From Western Sky Loans

Stueve Siegel Hanson has filed two class action lawsuits against Experian, one of the “big three” credit reporting agencies,  for reporting loan debts associated with the notorious Western Sky online lending scheme. The loan debts were reported by Western Sky-affiliates Delbert Services Corp. (Delbert) and CashCall, Inc. (CashCall).

On February 16, 2016, Stueve Siegel Hanson filed the action Reyes v. Experian, where the plaintiff alleged that that Experian violated the Fair Credit Reporting Act (FCRA) by publishing more than 125,000 Western Sky-originated accounts reported by Delbert, for almost two years after Experian made the decision to delete those accounts.

Experian continued to report the Delbert accounts even after Delbert went out of business and expressly instructed Experian to stop reporting the data, and Experian was put on express notice the accounts were improperly reporting on multiple occasions. The presence of these accounts had a negative impact on the credit scores of Plaintiff and members of the class.

You can read the first amended complaint here.

You can read the memorandum in support of class certification here.

On April 6, 2017, Stueve Siegel Hanson filed the action Smith v. Experian, where the plaintiffs alleged that that Experian also violated the FCRA by permitting up to 43,000 accounts originated from Western Sky loans to “re-report” after Experian had already deleted those accounts from consumers’ reports. These accounts were reported by CashCall.

After deleting the CashCall accounts, Experian failed to set CashCall’s data reporting subcode to “inactive” which allowed the accounts to come back to file. Even worse, the accounts reported differently than they had before the initial deletion. In many cases, CashCall accounts that were sold years earlier were now reporting as “active,” collectable accounts. The presence of these accounts likewise had a negative impact on the credit scores of Plaintiff and members of the class.

You can read the Smith v. Experian complaint here.

If your credit report includes negative information furnished by CashCall or Delbert Services relating to a Western Sky loan, please contact us by completing the form on this page or calling us at 855-803-8377.

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