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THE CONSUMER LAW JOURNAL

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Accessible information about consumer protection laws, repossession rights, class actions, and the issues affecting everyday people.

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CLASS ACTION • CREDIT REPORTING

Jury Finds CenturyLink Unlawfully Pulled Consumer Credit Reports

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On September 13, 2024, a jury returned a verdict in litigation concerning credit reports accessed during an online CenturyLink ordering process. The case involved consumers who completed four of five steps but did not place an order.

About the credit reporting case

On September 13, 2024, a jury returned a verdict in litigation concerning credit reports accessed during an online CenturyLink ordering process. The case involved consumers who completed four of five steps but did not place an order.

What the jury determined

According to the firm’s published case update, the jury found that CenturyLink obtained class members’ credit reports without a permissible purpose under the Fair Credit Reporting Act and that the failure to comply was willful.

The reported verdict

The firm reported an award of $500 in statutory damages and $2,000 in punitive damages per person. With approximately 56,075 class members, that represented a jury award exceeding $140 million. Jury verdicts may be subject to subsequent rulings or appeals and should not be described as money already paid to members.

Why permissible purpose matters

The FCRA places limits on who may access a consumer report and for what reasons. A company’s access to sensitive financial information should comply with the law, even when an online transaction is never completed.

What consumers can do

Request and examine your consumer reports, including the inquiries section, and preserve records of unexpected inquiries. A lawyer can review whether an inquiry was authorized and what remedies may be available.

This article provides general information and is not legal advice. Laws and court proceedings can change, and circumstances differ by jurisdiction.
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REPOSSESSION RIGHTS

Can the Repo Man Find Your Car in Another State?

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Moving or traveling to another state does not automatically eliminate a creditor’s security interest in a vehicle. Repossession agents may seek collateral where it is located, but the methods they use must comply with applicable law.

Can your vehicle be located across state lines?

Moving or traveling to another state does not automatically eliminate a creditor’s security interest in a vehicle. Repossession agents may seek collateral where it is located, but the methods they use must comply with applicable law.

What laws may apply?

The contract, the applicable state’s secured-transactions rules, title records, and the circumstances of the repossession all matter. Repossession requirements and available remedies can vary across states.

Crossing state borders is not a free pass

Rules against breaches of the peace can still apply. Force, certain threats, or entering secured areas without proper authorization can create serious legal concerns.

Document the timeline

Keep records showing where and when the vehicle was taken, which company arranged the repossession, the names of witnesses, and any relevant photographs or communications.

Get an individualized review

If your car was taken while you were away from home or in another state, the firm can examine the location, creditor authorization, and manner of repossession. Outcomes depend on the facts and jurisdiction.

This article provides general information and is not legal advice. Laws and court proceedings can change, and circumstances differ by jurisdiction.
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REPOSSESSION RIGHTS

What a Repo Man Can and Cannot Do

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In many states, a creditor with an enforceable security interest may arrange a nonjudicial vehicle repossession after default without advance notice, provided the repossession does not breach the peace. Exact rules depend on state law and contract terms.

What repossession agents can generally do

In many states, a creditor with an enforceable security interest may arrange a nonjudicial vehicle repossession after default without advance notice, provided the repossession does not breach the peace. Exact rules depend on state law and contract terms.

What a repo agent cannot necessarily do

Physical force, threats, intimidation, or entering certain secured areas can constitute a breach of the peace. Some states impose additional obligations when the owner clearly protests a repossession.

Does the police officer’s presence change things?

Police may keep public order, but active assistance with a private repossession can raise separate legal questions. The test varies by jurisdiction and depends on what officers actually did.

What about property inside the vehicle?

Personal items inside a repossessed car are not automatically collateral under the auto loan. A creditor or agent’s handling of belongings and the process for retrieving them may be governed by state law.

What you should do next

Record exactly what happened. Preserve account records, text messages, video, photos, witness accounts, and any notices. Ask a qualified consumer attorney to review whether the creditor had authority and whether the repossession was conducted lawfully.

This article provides general information and is not legal advice. Laws and court proceedings can change, and circumstances differ by jurisdiction.