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Truth in Lending: Introduction
12 C.F.R. pt. 1026, amended through 88 Fed. Reg. 19,214 (May 11, 2023).
Fair Credit Reporting: J.2.1 Complaint—Failure to Reinvestigate
UNITED STATES DISTRICT COURT DISTRICT OF _______________
[PLAINTIFF],
Plaintiff
v.
EQUIFAX INFORMATION SERVICES, L.L.C.
and
MBNA AMERICA BANK, N.A.,
Defendants.
COMPLAINT
COMES NOW the Plaintiff, [PLAINTIFF], (hereafter collectively the “Plaintiff”) by counsel, and for her complaint against the Defendants, alleges as follows:
PRELIMINARY STATEMENT
Fair Credit Reporting: J.2.2 Complaint—Impermissible Purposes
UNITED STATES DISTRICT COURT DISTRICT OF _______________
[PLAINTIFF]
Plaintiff,
v.
[COLLECTION ATTORNEY],
Defendant.
INTRODUCTION
Fair Credit Reporting: J.2.3 Complaint—Mixed File
UNITED STATES DISTRICT COURT DISTRICT OF _______________
[PLAINTIFF],
Plaintiff,
v.
EQUIFAX CREDIT INFORMATION SERVICES, L.L.C.,
Defendant.
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff alleges that at all times material:
1. This is a civil action brought under the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq. The Court has jurisdiction pursuant to 15 U.S.C. § 1681p.
Fair Credit Reporting: J.2.4 Complaint—Accuracy; Specialty Reporting Agency
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
[PLAINTIFFS],
Plaintiffs,
and
v.
ON-SITE MANAGER, INC.,
Defendant.
SECOND AMENDED COMPLAINT
Fair Credit Reporting: J.2.5 Complaint—Class Action for Disclosure and Accuracy Violations
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
[PLAINTIFF], on behalf of himself and all others similarly situated,
Plaintiffs,
v.
TRANS UNION, LLC,
Defendant.
PRELIMINARY STATEMENT
Fair Credit Reporting: J.2.6 Complaint—Against Credit Repair Company Under CROA
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
[PLAINTIFF]
Plaintiff,
v.
[DEFENDANT ATTORNEY], [DEFENDANT LAW GROUP], CONSUMER PROTECTION COUNSEL, P.A., DEBT BE GONE LLC, [DEFENDANT OWNER], SHIELDED NETWORK, LLC f/k/a SHIELDED LEGAL NETWORK, LLC,
Defendants,
AMENDED COMPLAINT
Fair Credit Reporting: Government Websites
Free Annual Credit Report Centralized Source: www.annualcreditreport.com
Consumer Financial Protection Bureau:
http://files.consumerfinance.gov (CFPB partial list of consumer reporting agencies)
Federal Trade Commission:
Fair Credit Reporting: Consumer Reporting Agencies and Other Industry Sites
Fair Credit Reporting: Consumer Advocacy Organizations
National Consumer Law Center:
National Association of Consumer Advocates:
Consumers Union:
Consumer Federation of America:
U.S. Public Interest Research Group:
Fair Credit Reporting: Resources
Consumer Financial Protection Bureau Complaint site:
www.consumerfinance.gov/complaint
FTC Identity Theft site:
Identity Theft Resource Center:
Identity Theft Prevention and Survival:
Fair Credit Reporting: General Consumer Information
Consumer World:
www.consumerworld.com (non-commercial site that catalogs over 1500 useful consumer resources)
Consumer Affairs:
www.consumeraffairs.com (links to consumer-related sites)
Consumerist (archives):
Truth in Lending: Amendment History
[75 Fed. Reg. 7848 (Feb. 22, 2010); 76 Fed. Reg. 79,772 (Dec. 22, 2011)]
Truth in Lending: 55(a) General Rule.
1. Increase in rate, fee, or charge. Section 1026.55(a) prohibits card issuers from increasing an annual percentage rate or any fee or charge required to be disclosed under § 1026.6(b)(2)(ii), (b)(2)(iii), or (b)(2)(xii) on a credit card account unless specifically permitted by one of the exceptions in § 1026.55(b). Except as specifically provided in § 1026.55(b), this prohibition applies even if the circumstances under which an increase will occur are disclosed in advance. The following examples illustrate the general application of § 1026.55(a) and (b).
Truth in Lending: 55b-1 through 55b-5
1. Exceptions not mutually exclusive. A card issuer generally may increase an annual percentage rate or a fee or charge required to be disclosed under § 1026.6(b)(2)(ii), (b)(2)(iii), or (b)(2)(xii) pursuant to an exception set forth in § 1026.55(b) even if that increase would not be permitted under a different exception.
Truth in Lending: 55(b)(1) Temporary rate, fee, or charge exception.
1. Relationship to § 1026.9(c)(2)(v)(B). A card issuer that has complied with the disclosure requirements in § 1026.9(c)(2)(v)(B) has also complied with the disclosure requirements in § 1026.55(b)(1)(i).
Truth in Lending: 55(b)(2) Variable rate exception.
1. Increases due to increase in index. Section 1026.55(b)(2) provides that an annual percentage rate that varies according to an index that is not under the card issuer’s control and is available to the general public may be increased due to an increase in the index. This section does not permit a card issuer to increase the rate by changing the method used to determine a rate that varies with an index (such as by increasing the margin), even if that change will not result in an immediate increase.
Truth in Lending: 55(b)(3) Advance notice exception.
1. Relationship to § 1026.9(h). A card issuer may not increase a fee or charge required to be disclosed under § 1026.6(b)(2)(ii), (b)(2)(iii), or (b)(2)(xii) pursuant to § 1026.55(b)(3) if the consumer has rejected the increased fee or charge pursuant to § 1026.9(h).
Truth in Lending: 55(b)(4) Delinquency exception.
1. Receipt of required minimum periodic payment within 60 days of due date. Section 1026.55(b)(4) applies when a card issuer has not received the consumer’s required minimum periodic payment within 60 days after the due date for that payment. In order to satisfy this condition, a card issuer that requires monthly minimum payments generally must not have received two consecutive required minimum periodic payments.
Truth in Lending: 55(b)(5) Workout and temporary hardship arrangement exception.
1. Scope of exception. Nothing in § 1026.55(b)(5) permits a card issuer to alter the requirements of § 1026.55 pursuant to a workout or temporary hardship arrangement. For example, a card issuer cannot increase an annual percentage rate or a fee or charge required to be disclosed under § 1026.6(b)(2)(ii), (b)(2)(iii), or (b)(2)(xii) pursuant to a workout or temporary hardship arrangement unless otherwise permitted by § 1026.55.
Truth in Lending: 55(b)(6) Servicemembers Civil Relief Act exception.
1. Rate, fee, or charge that does not exceed rate, fee, or charge that applied before decrease. When a rate or a fee or charge subject to § 1026.55 has been decreased pursuant to 50 U.S.C. app. 527 or a similar Federal or state statute or regulation, § 1026.55(b)(6) permits the card issuer to increase the rate, fee, or charge once 50 U.S.C. app. 527 or the similar statute or regulation no longer applies.
Truth in Lending: 55(c)(1) Definition of protected balance.
1. Example of protected balance. Assume that, on March 15 of year two, an account has a purchase balance of $1,000 at a non-variable annual percentage rate of 12% and that, on March 16, the card issuer sends a notice pursuant to § 1026.9(c) informing the consumer that the annual percentage rate for new purchases will increase to a non-variable rate of 15% on May 1. The fourteenth day after provision of the notice is March 29. On March 29, the consumer makes a $100 purchase. On March 30, the consumer makes a $150 purchase.
Truth in Lending: 55(c)(2) Repayment of protected balance.
1. No less beneficial to the consumer. A card issuer may provide a method of repaying the protected balance that is different from the methods listed in § 1026.55(c)(2) so long as the method used is no less beneficial to the consumer than one of the listed methods. A method is no less beneficial to the consumer if the method results in a required minimum periodic payment that is equal to or less than a minimum payment calculated using the method for the account before the effective date of the increase.