CHARLESTON – A woman is suing Trans Union and Equifax Information Services after she claims her credit reports were inaccurate and they refused to update them.
On May 15, 2007, Tonya M. Bailey entered into a mortgage loan with Countrywide Home Loans and the loan was serviced by Bank of America, according to a complaint filed March 5 in Kanawha Circuit Court and removed to federal court on March 23.
Bailey claims on May 14, 2014, she filed a suit against Bank of America, stating claims for illegal and abusive mortgage loan servicing and, a little more than one year later, she and Bank of America entered into a settlement agreement. Bank of America agreed to pay the full amount to satisfy the loan and the partial claim, among other terms.
On Feb. 25, 2017, Trans Union and Equifax issued consumer credit reports for the plaintiff that included as an adverse account a FHA real estate mortgage from BAC Home Loans Serv. LP and the report provided a pay status of “charged off” in the amount of $84,030
Bailey claims she disputed the information in her file with the defedants on June 19, and informed them that Bank of America had agreed to pay the full amount to satisfy the loan and provided a copy of the settlement agreement
The defendants failed to make changes to the disputed account and Bailey then wrote to Bank of America to request that it update the reporting and the bank informed the plaintiff that it may take 60 to 90 days for the credit report to reflect the change, according to the suit.
Bailey claims on Nov. 6, she again disputed the information in her file with Trans Union and Equifax. She also provided the response from Bank of America stating that it requested the reporting be updated.
The defendants again failed to update the information and have caused Bailey to suffer a loss of credit; a loss of ability to purchase and benefit from credit; increased insurance rates; increased interest rates; and the mental and emotional pain, anguish, humiliation and embarrassment of credit denials.
Bailey is seeking compensatory and punitive damages. She is represented by Sarah K. Brown, Bren J. Pomponio and Daniel F. Hedges of Mountain State Justice.
Trans Union is represented by Robert Edward Ryan of Steptoe & Johnson.
Equifax is represented by Vincent M. Roskovensky of Clark Hill.
U.S. District Court for the Southern District of West Virginia case number: 2:18-cv-00479