Equifax Gets Hit For $18.6 Million

Equifax, one of the three credit reporting agencies, was hit for $18.6 Million by an Oregon jury at the end of July. The problems with Equifax and the other credit reporting agencies have been well documented by the media in recent years- with even CBS's 60 Minutes doing an expose. 

All Americans are at the mercy of these credit reporting agencies. The information on your credit report affects how much interest you pay on credit cards, mortgages, and often determines whether you can even receive a loan at all. It is one of the most important keys to your financial security.

When misinformation is posted on your credit report, it is nearly impossible to fix the problem.  One would think that because these agencies are regulated by the Federal government, there would be protocol in place to protect the average consumer when misinformation is posted. However, this is nearly ever the case. The main problem with these companies is that they are too big and grossly managed. They tend to outsource a lot of their work, which causes lots of problems.

Below are a few links on the Equifax case. 

http://abcnews.go.com/Business/equifax-loses-186-million-lawsuit/story?id=19803421

http://finance.yahoo.com/news/woman-18m-because-credit-report-222728563.html

Most of the time, misinformation is posted because of an identity theft. One of the most important things the average consumer can do to protect themselves from this type of abuse is to monitor their credit reports. 

I represent individuals who have been the victims of identity theft and credit reporting negligence. If you have been a victim of identity theft, or have misinformation reported on your credit report, please contact me at booths@pittmandutton.com or toll free at 1-866-515-8880.

Booth Samuels To Give CLE Presentation

I am giving a CLE presentation next Wednesday, August 14th in the Alabama Power Building in Birmingham, Alabama. The title of my seminar is "A Solo Practitioner's Guide to Mass Tort Claims". My talk will focus on recognizing mass tort claims and how to handle them. It is geared towards an audience of lawyers that do not typically handle mass tort claims. If you're in the area and want to learn more, you can sign up and get more information by clicking on the below link.

https://m360.birminghambar.org/frontend/event.aspx?EventId=86020

Recent Ruling In Alabama 'Slip-and-fall' Case

On July 10, 2013, District Judge Lynwood Smith issued an opinion in Garrett v. Walgreen Co., Inc., 2013 WL 349777 (N.D. Ala.), which is a “gift” to premises owners.  Garrett went inside a Walgreen store on a rainy day and slipped in a puddle of water, not at the entrance but around the cash register area. 

In granting Walgreen’s summary-judgment motion, Judge Smith may have been correct based on the particular facts, which included, Garrett was wearing flip-flops and was aware of a potential problem, Walgreen had put down mats at the door and put up warning signs, Garrett had walked around the store before the fall in the area of the cashiers, the subject water was “clear” and nothing prevented Garrett from viewing the floor. 

The “gift” is Judge Smith’s analysis of Alabama law regarding a “fall caused by snow or rain,” including his statement that such falls are distinguishable from falls in “usual” slip-and-fall cases.  For him, there is no duty on a premises owner to “stand constant vigil with a mop or towel on rainy days.”  To recover, Garrett would have to show the presence of an unusual accumulation of rain water or other circumstances requiring Walgreen to take affirmative measures such as mopping, applying anti-slip compounds, or posting warnings, presumably in the area of the fall. 

Judge Smith appears to treat the “normal” appearance of water inside a store during a rainy day as something that a customer should have to look out for and prevent any slipping or falling and to impose a duty on the storeowner to take remedial measures only if there was an unusually large puddle that existed for some time.