Case Law Reference and Links to FCRA and FDCPA Information
Don’t know which case to cite when trying to prove your point? This list was provided by a reader on our discussion boards, along with our own thorough research. Many of these rulings have been used to file a civil complaint against some creditors and the CRAs.
California Legislative Information
Other Case Law Information
The following two links list extensive court case rulings regarding credit issues.
Specific Case Law
What if someone purchases the debt from the original creditor? Yep, they fall under the FDCPA.
An FDCPA claim “has nothing to do with whether the underlying debt is valid”. An FDCPA claim concerns the method of collecting the debt. Spears v. Brennan
Is the reporting period extended if
(A) the original creditor sells or transfers the account to another creditor,
(B) the consumer responds to post charge-off collection efforts by making a payment on the debt, or (C) the consumer disputes the account with a CRA? Does it matter whether the 7-year period has expired when any of these events occur? No.
You can sue the creditor who reports inaccurately as seen in Nelson v. Chase Manhattan. Also, this is now part of the newly revised FCRA.
Reporting on your credit report is considered collection activity: Boatley vs. Diem Corporation
Richardson vs. Fleet, Equifax, Experian, TransUnion, and Portfolio Recovery Associates
Repossession Law: http://www.law.cornell.edu/ucc/9/overview.html and whether your state has implemented it: http://www.law.cornell.edu/ucc/9/overview.html.
Other Case Law
Discussion Board Resources – Case Law
Court procedure in your state: USLegal SearchLaw
