Blankingship & Christiano’s Contingency Fee Representation
Blankingship & Christiano’s Contingency Fee Representation
Blankingship & Christiano, P.C. represents consumers in Fair Credit Reporting Act cases on a contingency fee basis. This means that the law firm will not recover attorney’s fees unless we provide a successful result in the litigation. A traditional contingency fee retainer agreement is a contractual agreement between a client whereby the attorney represents the client in exchange for a percentage of the recovery through settlement, judgment, or award. The key feature of the contingency fee agreement is that the client does not owe any legal fees unless there is a recovery. For a contingency fee matter, instead of you writing checks, the client receives settlement checks.
How the Fair Credit Reporting Act Helps Consumers Recover Attorney’s Fees
The Fair Credit Reporting Act provides a powerful statutory right to recover attorney’s fees when the consumer proves a violation of the FCRA. This is called a fee-shifting provision, and it assures meaningful access to justice for consumers who might otherwise be unable to afford legal representation in cases involving the reporting of inaccurate credit information, identity theft accounts on a credit report, impermissible access of credit reports, or other violations of the FCRA.
Experience Fighting Credit Reporting Agencies and Their Defense Lawyers
The credit reporting agencies like Experian, Equifax, and Trans Union all have national lawyers from large law firms that know the details of the FCRA and are experienced at throwing roadblocks in the way of consumers who attempt to enforce their statutory rights. Blankingship & Christiano, P.C. has over twenty years’ experience dealing with the credit reporting agencies and their lawyers. We have spent many years reviewing internal credit dispute processing procedures, and we know how credit reporting agencies and creditors investigate consumer credit disputes. The defense lawyers realize that we know their tricks, roadblocks, and misdirection efforts to prevent consumer recovery, and know that we are not afraid to fight them throughout the case to zealously represent our clients.
Leveling the Playing Field Through Fee-Shifting Provisions
The fee-shifting provision of the FCRA levels the playing ground for consumers when the credit reporting agencies, big furnishers, and their lawyers attempt to run up the costs of litigation through denial, delay, and defense tactics. Our clients know that we have their backs even though legal fees in some cases can run between $250,000 and $500,000. The fee-shifting provisions for willful and negligent violations of the FCRA allow a successful consumer plaintiff to receive a recovery while also allowing for the legal fees to be recoverable from the statutory violator.
Congress’s Intent Behind the Fee-Shifting Mechanism
The intent behind this statutory structure is clear: Congress recognized that the financial harm consumers suffer due to FCRA violations can be modest in terms of direct damages with non-economic damages at times uncertain, and that without a fee-shifting mechanism, many consumers would be unable to obtain legal representation to enforce their rights. By allowing courts to award attorney’s fees separate from and in addition to damages, the FCRA ensures that competent counsel can take on meritorious cases on behalf of consumers, even when the underlying damages might be hard to quantify.
No Upfront Costs for Consumers Seeking Justice
The FCRA fee-shifting provision allows Blankingship & Christiano to represent FCRA clients under contingency fee agreements with confidence that if the case is successful, the defendant like a credit bureau, furnisher, or other entity will pay the attorney’s fees as part of the claim. As such, consumers are not responsible for paying attorney’s fees out of pocket, and legal counsel is often available to them with no upfront costs.
Contact Blankingship & Christiano
At Blankingship & Christiano, P.C., we exclusively represent consumers in matters involving credit reporting errors, identity theft, credit report disputes, and employment background check issues. We are located in Northern Virginia, and we help consumers throughout Virginia, Maryland, and Washington, D.C. Contact us today for a free case review.
