Serfass v. CIT Group

Here’s a case where the consumer sent a Qualified Written Request to the lender and the lender did not respond correctly.  Specifically, 15 U.S.C. 2605(e)(3) requires:

Protection of credit rating

During the 60-day period beginning on the date of the servicer’s receipt from any borrower of a qualified written request relating to a dispute regarding the borrower’s payments, a servicer may not provide information regarding any overdue payment, owed by such borrower and relating to such period or qualified written request, to any consumer reporting agency (as such term is defined under section 1681a of title 15).

The plaintiff was awarded $1,000 statutory damages and the defendant CIT Group was also ordered to pay $19,500 in attorney fees.  Sounds like an expensive letter to me.

SERFASS v. CIT GROUP/CONSUMER FINANCE, INC. (S.C. 10-16-2008) Civil Action No. 8:07-90-WMC